Common Cause Vs. Union of India - Court Judgment

Excerpt:

a) the case dealt with a public interest litigation under article 47 and 226 of the constitution of india, involving the problem of sale, smuggling and production of illicit liquor - the state had accepted the facts of the case and had shown its helplessness on the matter due to lack of necessary infrastructure - it was held that the state was duty bound to take up the matter of amendment in the excise laws and also to enact the new laws within in association with the ministry of home affairs, at the earliest stageb) the case dealt with a public interest litigation under article 47 and 226 of the constitution of india, for issuance of directions to the state to amend the existing law or to enact a new law to tackle the problem of sale, smuggling and production of illicit liquor - it was held that the court can play a limited role in the matter and it cannot direct the union of india to amend the statute or to enact a new statute, in exercise of its writ jurisdiction - .....is that, without definite guidelines, policy or scheme, regularizations were being effected at the ipsi dixit of the authorities. several interim orders have been passed in the cases. along with the affidavit dated 13th february, 2001 filed in cwp 4771/93 as amended by the affidavit dated 20th february, 2001, certain guidelines for regularisation of unauthorised colonies have been filed. since there was no specific challenge to guidelines, if any, the present writ petitions have become infructuous. we note that stand of some is that, we should not put our seal of approval to the guidelines filed. as the applicability of the guidelines or the correctness thereof is not under challenge in any of the writ petitions, the question of our putting seal of approval or otherwise to it does not arise. it has also been urged by some that there is no definite information regarding colonies to be regularised.2. we thereforee dispose of the writ petitions with the following directions/observations:(a) it would be appropriate if the union of india, ministry of urban affairs and employment, department of urban development notifies colonies, which according to it are to be regularised and.....