This court, in a writ petition filed under Public Interest Litigation, held that allegations regarding residents facing problems due to the closure of a level crossing by the Competent Authority are not justiciable matters.
The PIL was dismissed on the ground of non-justiciability.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
suresh
8-PIL-180.2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.180 OF 2013
Gopal Gajanan Patil …. Petitioner Vs. The Chairman, Jawaharlal Nehru Port Trust & Others …. Respondents
None for the Petitioner. Mr. Anand R. Nandu for Respondent No.1. Mr. Jaydeep Deo for Respondent No.3. Ms N.M. Mehra, AGP, for Respondent Nos.7 & 8.
CORAM: S.C. DHARMADHIKARI & R.I. CHAGLA, JJ. DATE : DECEMBER 03, 2019
P.C:
We do not think that in PIL or writ jurisdiction we can ever address a problem allegedly faced by the residents on account of closure of a level crossing by the Competent Authority. These are not matters which are justiciable in our view. The PIL is disposed of.
(R.I. CHAGLA, J.) (S.C. DHARMADHIKARI, J.)
Digitally signed by SURESH SURESH JAGDISH JAGDISH SAJNAWAT SAJNAWAT Date:2019.12.07 10:57:54 +0530
Page 1 of 1
1 issue framed by the court
Whether the alleged problem faced by residents due to closure of a level crossing is justiciable in PIL or writ jurisdiction.
Gopal Gajanan Patil
The Chairman, Jawaharlal Nehru Port Trust
Others
S.C. DHARMADHIKARI
R.I. CHAGLA
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
