Court emphasizes technical assessment requirements, dismisses writ petition by M/S Calcutta Springs Limited.
In a significant judgment, the Allahabad High Court has dismissed a writ petition filed by M/S Calcutta Springs Limited, seeking mandamus for the approval of their Concrete Sleeper Plant (CSP) in Bilaspur, Chhattisgarh. The Division Bench, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, emphasized the necessity of technical assessments and ruled that granting such approval through a writ of mandamus is beyond judicial purview.
M/S Calcutta Springs Limited approached the court under Article 226 of the Constitution, seeking immediate approval for establishing a CSP. The petitioner argued that they had completed all requisite formalities but faced undue delays from the Railways. However, the court underscored that the approval process involves multiple stages, including document scrutiny, verification, and inspections, which require technical expertise beyond judicial capacity.
The court further noted that the Railway's policy guidelines grant limited relaxation only to CSPs already approved or operational before the policy's issuance in 2021. Since the petitioner’s plant had not received approval, the court found their reliance on these guidelines for an extension misplaced.
While dismissing the petition, the court clarified that it had not commented on the merits of the pending application for CSP approval, directing the concerned authority to decide the matter in accordance with law.
Bottom line:-
Approval for establishing a Concrete Sleeper Plant (CSP) cannot be granted through a writ of mandamus as it involves technical assessment and satisfaction at multiple stages, and the court lacks technical expertise to make such assessments.
Statutory provision(s): Article 226 of the Constitution of India
M/S Calcutta Springs Limited v. U.O.I., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2944070
