The Gujarat High Court dismissed a Public Interest Litigation (PIL) filed raising grievance with respect to non-execution of lease deed in the name of the societies.
The PIL has been filed by two persons claiming to be members of a housing society. There is no averment in the wpetition with regard to the housing society of which the petitioners herein are members or that the said society is a registered society within the meaning of the Societies Registration Act, 1860.
The grievance being raised in the present petition is with respect to non-execution of lease deed in the name of the societies generally which cause hindrance in the redevelopment of the residential scheme, being run by the societies.
The Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee noted that none of the societies, in the name of whom lease deed has not been executed are party to the petition nor there is any averment in the writ petition that the petitioners (two individuals) have been authorized to institute the instant PIL for raising and espousing the cause of the society. Even otherwise, the dispute being raised herein cannot be accepted to be in the nature of public interest.
As the Court was not convinced with the credentials of the petitioners as also as the cause raised before the Court cannot be said to be a public cause, the Court dismissed the present PIL being misconceived.