The main legal point established in the judgment is the implementation of the Food Safety and Standards Act, 2006 by the Indian Railways and the efforts made to ensure compliance with the regulations for food safety.

GITA MITTAL, J.

1. This petition was filed by the writ petitioner on 11th September, 2012 seeking the following prayers:

“(a) Issue a writ in the nature of mandamus directing the respondents to immediately issue notifications in compliance of Section 30, 36, 37, 43, 44, 45, 68, 70 and 90 of FSS Act 2006 for appointment of Commissioner of Food Safety, Designated Officers (Dos), Food Safety Officers (FSOs), for Recognition of Accreditation of laboratories, Food Analyst, Establishment of Research Institutions and referral Food laboratory; Recognition of Organisation and Agency; and to establish prosecuting and adjudicating agency and Food Safety Appellate Tribunal, at micro level to monitor and check the food adulteration, day and night, at various Railway stations, in passengers and goods trains, pantry cars, other food outlets in Railway area, operated by private contractors or IRCTC or food plazas including unauthorized vendors and canteens run by Railways.

(b) Issue a writ in the nature of mandamus directing the respondents to implement all the recommendations and proposals emphasized by CEO in their meeting dated 20.09.2011 and also consider the representations and proposals sent by the petitioner and Railway Federations to create adequate infrastructure to deal with the menace of food adulteration at micro level commensurating to the mega nature of Railway network, which is widespread all over the country, details of which are mentioned in the petition.

(c) Issue a writ in the nature of mandamus directing the respondents to notify local areas for purposes of implementation of the Act so as to confer power for lifting of samples, their analysis and for prosecution in accordance with law.”

2. The petitioner has impleaded the following as party respondents:

3. Pursuant to the notice to show cause issued on 19th September, 2012, separate affidavits stand filed on behalf of the respondent nos. 1 to 3 on the one hand and respondent nos. 4 to 6 on the other.

4. The respondent nos. 1 to 3 have filed a further affidavit dated 25th May, 2017 placing before this court a copy of the Catering Policy notified in the year 2017. This affidavit also states that the Food Safety and Standards Act, 2006 has been notified and implemented all over the network of the Indian Railways w.e.f. 15th of August 2011 as also the rules and regulations ("FSS Act, 2006 Rules and Regulations" hereafter) regarding licensing, maintenance and up-keeping of food installations after detailed deliberations with the officials of the Food Safety and Standards Act. In this regard, these respondents have on affidavit stated as follows:

“2. The New Food Safety & Standard Act (FSSA) has been notified and already been implemented all over India Railways with effect from 05.08.2011, with all its the rules and regulations regarding licensing of food installations, maintenance and up-keeping at the places of foods implement after detailed deliberations with officials of Food Safety & Standard Act. As per said Act rules and regulations:-

(a) Regular inspections of the food installation are carried out by the designated Food Safety Officers and samples are taken for laboratory test etc. and they send the samples to the no