High CourtsDivision Bench(2016) 01 BOM CK 0142

Lopesh Shantilal Vora vs Union of India

Bombay High Court · Decided on 6 January 2016

HON’BLE JUDGES
Naresh H. Patil and M.S. Sonak, JJ.
RESULT
Disposed Off
CASE NUMBER
Public Interest Litigation No. 210 of 2015

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Judgment

9 paragraphs · 238 words
1.

Heard.

2.

This PIL is filed by a consumer/passenger.

3.

During the course of hearing following issues were raised:

(a) Right of a consumer to purchase drinking water of a brand of his choice.

(b) The issue concerning the quality of railway neer (water) supplied to the railway passengers.

(c) Non availability of 500 ml railway neer bottle on the railway platform causing inconvenience to the passengers, ultimately leaving them without any choice to purchase 1000 ml railway neer (water).

(d) Relaxation in summer season and other religious festive seasons, where the railway commuters travel in large number.

4.

Learned counsel appearing for respondent no. 5 submits that the validity of the commercial circular No. 53 of 2001, Exhibit "B" herein was the subject matter of challenge in Original Side Writ Petition (L) No. 3044 of 2015. By an order dated 28/10/2015 passed in said writ petition, the Division Bench of this court has expressed its opinion. The challenge has failed. The Division Bench has upheld the said circular, according to the learned counsel. It is further submitted that SLP is pending in the Apex Court challenging the said order passed by the Division Bench of this court.

5.

Issue notice on the above stated issues to the respondents, returnable after four weeks i.e. 5/2/2016. Learned counsel appearing for the respondent nos. 2, 3 and 5 waive notice. Learned counsel for the respondents to take appropriate instructions.