Thursday, January 2, 2025
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Gauhati High Court dismisses PIL against road construction

The Gauhati High Court recently dismissed a public interest litigation (PIL) filed challenging the construction of a road from LT Road to Gomshing via Kungba upgradation under the Pradhan Mantri Gram Sadak Yojana (PMGSY)-III. 

The petitioner contended that the project did not meet the eligibility criteria under PMGSY-III, as the village of Gomshing did not have the required population or infrastructure.

However, the court found that the petitioner’s complaint was not driven by a genuine public interest, but rather by personal motives and political rivalry. 

The Itanagar Bench of Justice Kardak Ete and Justice N Unni Krishnan Nair noted that the petitioner had made complaints against the present dispensation and had attempted to obstruct the project. 

The court also observed that the petitioner’s demands were not in the public interest, but rather for personal gain or commission.

The court relied on several Supreme Court judgments, including Dattaraj Natuji Thaware v. State of Maharashtra and State of Uttaranchal v. Balwant Singh Chaufal, to emphasize the need to discourage frivolous and vexatious PILs filed for extraneous considerations. 

The court noted that such petitions abuse the judicial process and waste the valuable time of the courts.

The court ultimately dismissed the PIL, holding that it was devoid of merit and an abuse of the PIL jurisdiction.

However, the court refrained from imposing costs on the petitioner.

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