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2001 (10) TMI 1190

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....sion of shifting the headquarters to Hubli was bad in law.1 3. The High Court came to the conclusion that this decision was vitiated on account of legal mala fides as the appellants herein had decided to shift the zonal office from Bangalore to Hubli without any changed or compelling circumstances and without taking into account all relevant and material facts. 4. It is contended by the learned Solicitor-General that where the headquarters of a zonal Railway should be is only a question of policy and it is no business of the court to interfere with a policy decision. He drew out attention to the fact that it is the Ministry of Railways which had initially decided with the approval of the Union Cabinet that the headquarters be set up at Ba....

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....rfere in questions of policy decision is clearly brought out by the following passage from a decision of this Court in Delhi Science Forum v. Union of India 1996 2 SCC 405 when at p. 413, it was observed as follows: (SCC p. 413, para 7) "7. What has been said in respect of legislations is applicable even in respect of policies which have been adopted by Parliament. They cannot be tested in court of law. The courts cannot express their opinion as to whether at a particular juncture or under a particular situation prevailing in the country any such national policy should have been adopted or not. There may be views and views, opinions and opinions which may be shared and believed by citizens of the country including the representatives of t....