Mr. Prakash Chimanlal Sheth v. The Union Of India Through Ministry Of Home Affairs (Mha) And ORS.

1/2 PIL/66/2014 BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.66 OF 2014 Mr. Prakash Chimanlal Sheth ..... Petitioner.

V/s The Union of India Through Ministry of Home Affairs (MHA) and Others.

.... Respondents.

None for the Petitioner.

Smt. S.V. Bharucha for Respondent No.1.

Mr. P.G. Sawant AGP for Respondent Nos. 2 and 3. CORAM: V. M. KANADE & MRS. SWAPNA JOSHI, JJ.

DATE: 26th August, 2016 P.C.:- 1.

None appears on behalf of the Petitioner.

2.

Heard the learned Counsel appearing on behalf of Respondent No.1 and the learned Assistant Government Pleader appearing on behalf of Respondent Nos. 2 and 3.

3.

Petitioner has filed this PIL, seeking the following reliefs:- "[A] That this Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order, Direction under Article 226 of the Constitution of India, 1950, directing the State Govt. to immediately issue a Notification

2/2 PIL/66/2014 empowering and/or directing the Thane Collector to forthwith release the said Financial Assistance of Rs 3,00,000/- each to the said victim families/beneficiaries.

[B] That this Hon'ble Court be pleased to direct the State Govt. to empower as well as direct the Thane Collector to release an additional Financial Assistance in the nature of a sum of Rs 2,00,000/- each to the said victim families / beneficiaries by way of compensation for the delay in payment of the said original Financial Assistance of Rs 3,00,000/- declared by the Central Govt on 18/11/2011.

[C] That this Hon'ble High Court be pleased to direct the State Government to examine any other such pending cases of release of Financial Assistance to the victim families/beneficiaries of the serial bomb blasts of 13/7/2011, and to forthwith grant reliefs as above to the said families/beneficiaries.

[D] That this Hon'ble High Court be pleased to direct the State Govt. to identify the officers responsible for showing a lackadaisical and insensitive attitude in the entire episode and to take suitable action against them as permissible in law. [E] That such other orders as Justice and convenience may demand from time to time may be passed by this Hon'ble Court."

4.

In our view, reliefs which are claimed by the Petitioner cannot be granted by this Court while exercising its writ jurisdiction under Article 226 of the Constitution of India. PIL is therefore dismissed. (MRS SWAPNA JOSHI, J.) (V.M. KANADE, J.)