The Allahabad High Court has dismissed a PIL with a cost of Rs 25,000 on the petitioner, who filed public interest litigation suppressing the fact of pending litigation between him and the private parties.
The Division Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar passed this order while hearing a PIL filed by Ram Surat.
The petition purportedly in public interest has been filed inter-alia seeking a direction to the respondent nos 2 and 4 to comply with the demolition order dated 13.10.2022 passed by the respondent no 2.
The petition was filed with the submissions that order dated 13.10.2022 has been passed interalia indicating that land in question comprised that of park and playground and therefore, the construction raised by the respondent nos 6 to 10 was required to be demolished. However, despite passing of sufficient long time from the said order, the authorities are not implementing the said order and therefore, direction in this regard may be issued.
A response has been filed on behalf of the respondent no 6 inter-alia indicating that the petitioner has filed this petition by suppressing material facts from the Court.
The Court noted that,
Submission has been made that qua the land in question, a competent court i.e Naib Tehsildar has already passed order for recording the land in question in the name of respondent nos 6 to 10, against which the petitioner has filed appeal, which appeal has been dismissed by the Deputy Collector, against which he has filed revision before the Commissioner, which remains pending, wherein the interim order granted by the Commissioner has been stayed by the Court.
Further submission has been made that against the order dated 13.10.2022 the respondents have filed an appeal, which remains pending with the appellate authority, and in all the matters, the petitioner is a party. However, without disclosing the said fact before the Court, the petition has been filed seeking to get order of demolition despite pendency of the proceedings.
A rejoinder has been filed inter-alia denying the averments made in the reply and submission has been made that the claim is only pertaining to Gata, which is a reserved land for playground.
Counsel for the petitioner when confronted with the pendency of various litigations pertaining to the subject matter of Public Interest Litigation, attempted to make submissions that none of the cases pertain to Gata. However, a perusal of the order produced by the respondents clearly indicates that the same pertains to Gata as well.
“In that view of the matter, apparently the petition has been filed by suppressing the pendency of the litigations inter-se parties and the petition in the form of Public Interest Litigation is sought to be utilized seeking implementation of the order against which appeal is pending inter-se parties, orders have been passed by the competent court. The said conduct of the petitioner cannot be countenanced”, the Court observed.
Consequently, the Court dismissed the petition purportedly filed in public interest with a cost of Rs 25,000/- (Rupees Twenty Five thousand). The cost will be deposited by the petitioner with the Legal Services Committee of the Court within a period of four weeks from today. In case the cost is not deposited within the said period of four weeks, the petitioner shall not be permitted to participate in the pending litigations, pertaining to the subject matter of the petition.