The Allahabad High Court has dismissed a public interest litigation filed demanding removal of illegal encroachment from private land.
The Division Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar passed this order while hearing a PIL filed by
The petition purportedly in public interest has been filed in the name of Sampoorna Jan Kalyan Samiti (Regd) through its President, inter alia seeking a direction to the respondents District Administration to take prompt action against the private respondents, declaring them Bhumafia in accordance with law and to remove the illegal encroachment of the private respondents and restore the original shape of the land in question.
Counsel for the respondents pointed out that earlier a writ petition was filed by one Anil Bhati as PIL, which came to be dismissed by this Court holding the same as not maintainable as the same was essentially in nature of private interest of the said petitioner and that the plea raised in the present petition is identical to the said petition and, therefore, the same deserves dismissal.
Counsel has also pointed out to paragraphs 16 and 17 of the writ petition, wherein assertions were made pertaining to ‘land of the petitioner’. The same phrase was also used in paragraph 20 of the writ petition, which raises doubt pertaining to the fact about the petition being in public interest.
The record of PIL was called by the high court.
The Court observed that,
From a perusal of the said record, it is apparent that except for prefacing the writ petition as having been filed by the Society, from paragraph 11 of the petition till paragraph 40 of the writ petition, the same are identical to paragraphs 22 to 48 of PIL.
The said PIL, which was filed by one Anil Bhati, his father’s name is Shri Gyanendra Singh and the petitioner society has its members from the said family including Lalit Bhati S/o Gyanendra Singh, as is reflected from the memorandum of association, filed to the petition.
The PIL was dismissed on 09.09.2024 and immediately thereafter on 13.9.2024 by changing the cause title and a few paragraphs to give it a shape having been filed by the Society, identical writ petition has been presented before the Court.
“The conduct in filing the petition, before this Court once similar petition was dismissed filed by Anil Bhati in the guise of same having been filed by the Society only with a view to give it a colour of being a genuine public interest litigation, on the face of it with identical paragraphs along with the assertions ‘the land of petitioner’, clearly takes the petition out of purview of a PIL, rather the same is essentially misuse of the same,” the Court further observed.
In view thereof, the Court dismissed the petition with a cost of Rs 25,000.
“The cost will be deposited by the petitioner Society with the Registrar General of the Court within a period of four weeks. In case of failure of the petitioner Society to deposit the said cost, the Registrar General would take appropriate steps for recovery,” the Court ordered.
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