The Madhya Pradesh High Court has recently imposed a cost of Rs 25,000 on a petitioner while dismissing his PIL contending that certain beneficiaries have given false affidavits and are siphoning off public money and have been given benefit under the Pradhan Mantri Awas Yojana (PMAY) in District Burhanpur.
The PIL has been filed by one Shajad Akhtar @ Guddu Molana alleging that a fraud has been committed. The benefit has been accorded under the Pradhan Mantri Awas Yojana which is intended for providing houses to the homeless and people belonging to the lowest strata of society. Various persons who have regular constructed houses have taken benefit of the scheme, alleged the petitioner.
On a specific question being asked by the Division Bench of Chief Justice Ravi Malimath and Justice Purushaindra Kumar Kaurav, the counsel for the petitioner was unable to point out even a single case to justify his contention.
“The petitioner would have to show that at least one beneficiary has a pucca house in his name, is not entitled under the scheme, is debarred from the scheme from getting any benefit etc,”
-observed the Bench.
The counsel for the petitioner highlighted a document which indicated that one particular respondent has a full fledged house.
While considering the document , firstly, the Court was doubtful with regard to the authenticity of the document.
“Even assuming it is to be considered as valid, the house type has been indicated therein as kutcha (Grass or Thatched or Tarpaulin or wooden). This is the nature of the house which the man owns. If the roof is made out of grass or thatched or tarpaulin or wooden, the intention of the Pradhan Mantri Awas Yojana probably is specifically to provide houses to such kind of people.”
Therefore, in the absence of showing any material, the Court does not find the petition is in public interest. It is a petition that has been filed without asserting any facts, any material whatsoever. Therefore, the Court is of the view that the petition has been filed by misusing the provisions of the public interest litigation.
Consequently, the Bench dismissed the PIL with a cost of Rs 25,000 to be paid by the petitioner to the Corona Aapda Adhivakta Kalyan Kosh within a week.