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‘Standing Near Local Train Door Not Negligence,’ Says Bombay HC, Orders ₹4 Lakh Compensation In Mumbai Train Fall Death Case

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Mumbai, April 4: In a significant ruling on commuter safety, the Bombay High Court has held that standing near the door of a Mumbai local train cannot be treated as negligence, given the realities of overcrowding, and termed a man’s death after falling from a moving train as an “untoward incident” entitling his family to compensation.

High Court overturns tribunal decision

Justice Jitendra Jain, on April 2, allowed an appeal filed by Ashrappa Yellappa Bhandari and Satyamma Ashrappa Bhandari, challenging the Railway Claims Tribunal’s 2019 decision that had denied them compensation for the death of their kin, Balkrishna Bhandari.

Bhandari, a salesman, died on January 29, 2012, while travelling from Kalyan to Dombivli. He fell from a moving train between Thakurli and Dombivli stations. His family’s claim was rejected by the Tribunal on the ground that the incident did not qualify as an “untoward incident” under the Railways Act, 1989.

Court notes inconsistencies in official reports

The High Court, however, found inconsistencies in official reports. While some reports suggested that Bhandari was standing at the edge of the platform and was knocked down by a train, others stated that he fell from a moving train. Noting that there was no eyewitness to the incident, the court said it could not rely conclusively on any one version.

“I fail to understand how these authorities gave contradictory reports, moreso, when there is no eyewitness to the incident,” Justice Jain observed.

Benefit of doubt must favour victim

The court held that in cases involving welfare legislation and conflicting evidence, the benefit of doubt must go to the victim. “This Court has no option but to accept that the deceased died by falling down from a moving train, which constitutes ‘untoward incident’,” the judge said.

Ground realities of Mumbai local trains highlighted

Significantly, the court underscored the ground realities of Mumbai’s suburban rail network. “In Mumbai local, seldom are the seats vacant… even at starting point, people have to jump to occupy seat. Therefore, standing near the door cannot be treated as negligence,” the order noted.

Even if the version that Bhandari was standing near the platform edge were accepted, the court said, the incident would still qualify for compensation.

Safety concerns and need for civic awareness

The court also flagged safety gaps at railway platforms, pointing out that the yellow safety line is often faded and lacks clear communication of its purpose.

It suggested regular repainting and even the use of red markings to indicate danger zones. Authorities should also ensure announcements and enforcement to keep passengers behind safety lines, it said.

Calling for behavioural change, the court remarked, “There is a need to inculcate civic sense amongst ourselves like civic sense amongst Japanese people.”

Compensation awarded to family

Allowing the appeal, the court directed the Railways to pay compensation of Rs 4 lakh with 6% annual interest from the date of the accident, subject to a cap of Rs 8 lakh, to be equally shared by the two claimants within 12 weeks.

Crime

Mumbai Police seeks civic action over MNS Dahi Handi stage in Ghatkopar

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Mumbai, Sep 5: A controversy has erupted in Mumbai Ghatkopar West over the construction of a Dahi Handi stage in the middle of a road, with the Ghatkopar Police urging the Municipal Corporation to take immediate action against the structure.

The Senior Police Inspector of Ghatkopar Police Station has written to the Assistant Commissioner of N-Ward, raising objections to the stage being constructed for a Dahi Handi festival organised by the Maharashtra Navnirman Sena (MNS).

According to the letter dated September 3, MNS leader Ganesh Chukkal is scheduled to organise the Dahi Handi festival on Saturday at Amrit Nagar Circle in Ghatkopar West. The Municipal Corporation had reportedly been informed about the police’s no-objection to the programme on the condition that pedestrian and vehicular movement would not be obstructed.

However, during an inspection on September 3 at around 7 p.m., police officials observed that a stage was being constructed in the middle of the road in front of the Sagar Park building.

The police have raised concerns that once completed, the stage could completely block the proposed 90-foot road leading towards the Sagar Park building. According to the letter, such an obstruction could prevent emergency vehicles, including ambulances and fire engines, from reaching the area in case of an emergency.

The police further pointed out that necessary permissions had allegedly not been obtained from the ward officer and the fire department in Vikhroli before the construction of the stage. They also stated that it appeared that no site inspection had been conducted before the structure was erected.

The police cited a previous incident to underline the seriousness of the issue. On September 2, 2025, a fire broke out at a shop in Indira Nagar. At the time, emergency vehicles reportedly faced difficulties in reaching the location due to hawkers and unauthorised parking on the road in front of the Sagar Park building.

The issue of hawkers and unauthorised parking in the area was also raised during the hearing of PIL No. 324/2025 before the Bombay High Court on September 3, 2025.

The Ghatkopar Police have, therefore, sought appropriate action from the Municipal Corporation to ensure that the proposed festival arrangements do not obstruct traffic or compromise emergency access.

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Maharashtra

Shiv Sena UBT slams ‘double-engine’ govt over looming drought threat in Maharashtra

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The Shiv Sena (UBT) on Saturday mounted a sharp attack on the Centre and the Maharashtra government, alleging that the “double-engine” dispensation was indifferent to the state’s deepening agrarian crisis as prolonged dry spells push large parts of Maharashtra towards drought.

The Thackeray camp, in the party mouthpiece Saamana, warned that if forecasts prove accurate, nearly 90 per cent of the state will face an acute drought crisis within the next two months. Driven by global El Niño conditions, over 350 districts nationwide are experiencing similar dry spells, raising serious alarms over impending shortages of food grains and drinking water. The editorial questioned whether the “double-engine” government cares about the unfolding calamity.

The editorial detailed how nature has dealt a crushing blow to Maharashtra’s farming community. Rains have taken a back seat in 31 out of the state’s 36 districts, leaving standing crops in a precarious state as agricultural fields dry up and scorch under extended heat. Barring an occasional light shower, the region has suffered a dry spell lasting 30 to 45 days, devastating local farmers. While pre-monsoon warnings had flagged potential rainfall deficits due to the “El Niño Effect,” the editorial highlighted that even meteorologists under-budgeted the sheer severity of its impact. Up to 18 districts in the state have missed out on a normal monsoon altogether.

According to the editorial, monsoon rains arrived nearly 15 days late this year. A dry June was followed by heavy downpours in July, which forced delayed sowings across key belts by a full month. While regions like Mumbai, Pune, Western Maharashtra, and Nashik saw heavy isolated spells during July, rainfall halted across the state from the first week of August and has failed to resume. The initial July rain brought temporary relief, spurring crop growth. However, just as crops entered their critical flowering stage — with soybean forming pods, cotton developing bolls, and maize growing ears — the water supply dried up.

Farmers with wells attempted to irrigate fields using accumulated July reserves, but with those sources now fully depleted, saving standing crops has become nearly impossible, said the editorial.

The editorial emphasised that dryland farmers without irrigation infrastructure have suffered the most severe damage. Cash crops such as soybean, cotton, maize, pigeon pea (tur), and turmeric have withered across lakhs of hectares, while pulse crops like black gram (udid) and green gram (moong) are completely ruined. The traditional month of Shravan, which typically brings intermittent showers, passed without a single drop of rain in many parts — a phenomenon unseen in decades. Once-vibrant fields have turned yellow, stunting crop growth, wiping out financial investments, and rendering months of hard labor useless, it said.

Over 50 lakh hectares in Vidarbha and 48 lakh hectares in Marathwada were sown this season. Faced with withered crops, desperate farmers in several pockets have begun plowing over standing crops to prepare land for the upcoming Rabi season, said the editorial.

However, with early September passing without rainfall, anxiety is growing over whether winter crops like wheat and Bengal gram (harbhara) can even be planted. At the same time, fodder availability for cattle has reached a critical stage. With fields parched, farmers face an agonising dilemma on how to secure sorghum and maize fodder to keep livestock alive over the next seven to eight months, stated the editorial.

Against this backdrop, the Uddhav Thackeray-led Shiv Sena has urged the government to immediately launch water management plans and pre-drought relief measures rather than operating in denial while the rural economy faces an unprecedented collapse.

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Maharashtra

Political rift deepens over Ajit Pawar plane crash probe as Rohit Pawar targets NCP MLAs over ‘self respect’

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Mumbai, Sep 4: The political crossfire surrounding the probe into former Maharashtra Deputy Chief Minister Ajit Pawar’s fatal plane crash intensified on Friday, as Nationalist Congress Party (Sharadchandra Pawar) MLA Rohit Pawar launched a sharp attack on the ruling MahaYuti government and targeted the 40 MLAs belonging to the rival NCP faction.

Questioning the political leverage and intent of the Ajit Pawar-led NCP faction within the MahaYuti coalition government, Rohit Pawar criticised their inability to secure a formal investigation despite writing to their own administration.

“40 MLAs from Ajit Pawar’s party (NCP) had demanded a Central Bureau of Investigation (CBI) probe into the crash, and they even had to send a reminder letter for it. It is unfortunate that even after sending a reminder to your own government, it gets thrown into the dustbin,” the NCP-SP MLA said while addressing the media.

“If these people had any self-respect, they would have walked out of power immediately. Not everyone possesses self-respect; you have to struggle to maintain it, and that is precisely what we are doing.”

The fresh barrage comes a day after current Deputy Chief Minister and NCP President Sunetra Pawar responded to concerns raised by NCP-SP MP Supriya Sule over the non-registration of a formal First Information Report (FIR).

Sunetra Pawar had cautioned against politicising the tragedy, saying that the Pawar family and the NCP-SP maintained “full faith in the investigating agencies”.

Sule had earlier mounted a scathing attack on the state government over official apathy, contrasting the swift law-and-order actions taken against political leaders like Maharashtra Navnirman Vidyarthi Sena Chief Amit Thackeray, with the lack of progress in registering an FIR for her late brother’s fatal crash.

Reiterating his family and personal ties to the late NCP leader Ajit Pawar, Rohit Pawar emphasised that his demand for a rigorous inquiry was rooted in both family duty and public interest.

NCP-SP MLA Rohit Pawar said, “I am a member of the Pawar family. My surname is Pawar, and the person who passed away was my uncle. As a nephew, it is my effort to see that justice is served to him.

“When a major leader of the state dies under such circumstances, millions of people across Maharashtra, including myself, want a proper investigation. Unfortunately, those in the (MahaYuti) government who called (Ajit Pawar) ‘Dada’ their friend have still failed to deliver justice.”

He also accused the state administration of ignoring their repeated efforts to register a case locally.

“We visited three different places in the state to file an FIR regarding the accident, but no attention was paid to us,” he alleged, warning that “if an FIR in this matter ends up being registered in Karnataka instead, the state (Maharashtra) government should feel ashamed”.

While Rohit Pawar said that he postponed a scheduled press conference where he intended to present new evidence due to additional incoming details, his remarks underscore a growing verbal feud between the rival factions of the Pawar family and the MahaYuti coalition government.

With opposition leaders pledging to take the fight forward independently, the political manoeuvering over the investigation shows no signs of abating.

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