HARSHAD GAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, by consent returnable forthwith. Counsel appearing on behalf of the Respondents waive service. With the consent of Counsel, the Petition is taken up for hearing and final disposal.

(2.) This Petition has been instituted in the public interest by a Petitioner who claims to be an agriculturist and a local tour operator. The Petitioner claims to institute the proceedings in order "to safeguard the livelihood of the rural population in the State of Maharashtra" associated with the tourism and hospitality industry. The subject matter of the Petition is a luxury train by the name of the Deccan Odyssey. The train came into being at a cost of approximately Rs. 32.12 Crores of which an amount of Rs. 8.49 Crores was contributed by the Department of Tourism of the State Government, an amount of Rs. 10.27 Crores by the State Government while the rest was brought in as a contribution by the Union Ministry of Railways by way of rolling stock, coaches and other facilities. On 28 March 2002 the Government of India in the Ministry of Tourism and Culture communicated the sanction of the President of India for incurring an expenditure not exceeding an amount of Rs. 8.49 Crores as the contribution of the Department of Tourism for the fabrication of the luxury train in Maharashtra to run on the Mumbai Ratnagiri Sindhudurg Goa Pune Aurangabad (Ajanta-Ellora) Mumbai circuit. The train was to run on this sector. The train has essentially been marketed for a foreign clientele and it is common ground before the Court that the price at which tickets of the train are sold would generally subserve the requirements of foreign tourists.

(3.) The train was operated by the Maharashtra Tourism Development Corporation (the Third Respondent) until Sept. 2009 or thereabouts on journeys within the State of Maharashtra but extending to Goa. In addition, from the material before the Court it emerges that during the period 2006-07 to 2009-10 the train was chartered for tourist destinations in diverse areas of the country including Rajasthan, West Bengal, U.P. Even during the period when the train was predominantly operated by the Third Respondent, it was made available on charter hire for tourist destinations in other parts of the country as well.