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2017 Supreme(SC) 1589

SUPREME COURT OF INDIA
Dipak Misra, A.M. Khanwilkar, JJ.
Sri. Abraham T.J – Petitioner
Versus
The State of Karnataka – Respondent
Petitions for Special Leave to Appeal (C) Nos. 16056-16057 of 2017 (Arising out in RP No. 195 of 2017 25-04-2017 in WP No. 57366 of 2016 03-04-2017 in WP No. 57366 of 2016)
Decided On : 03-07-2017

Advocates Appeared:
For the Petitioners:Mr. Salman Khurshid, Senior Advocate, Mr. Vishnu Shankar M.S., Ms. Athira G. Nair, Ms. Lubna Naaz, Ms. Tehsina Hussain, Mr. Aman Khullar, Mr. Vinay Rajput, Advocates, Mr. Sriram Parakkat, AOR.
For the Respondents:Mr. Basava Prabhu, S. Patil, Senior Advocate, Mr. M.R. Naik, Advocate General, Mr. Sreenidhi, Advocate, Mr. V.N. Raghupathy, AOR.

The court emphasized that public interest litigation should not be abused for personal agendas and that the concept was not conceived for such purposes.

Headnote:

Public Interest Litigation - Land Donation - Shifting of Government Office - Abuse of Public Interest Litigation

Fact of the Case:

Two ladies donated land for construction of a government office, but the government decided to shift the location. A petitioner filed a public interest litigation alleging mala fide and violation of the gift deed.

Finding of the Court:

The court found that the shifting of the government office did not pertain to public interest and was an abuse of the concept of public interest litigation. The court imposed a cost of Rs. 25,00,000 on the petitioner for filing the frivolous petition.

Issues: Violation of gift deed, abuse of public interest litigation

Ratio Decidendi: The court held that the shifting of the government office did not fall within the domain of public interest litigation and was an abuse of the concept.

Final Decision: The special leave petitions were dismissed, and a cost of Rs. 25,00,000 was imposed on the petitioner.

ORDER :

Heard Mr. Salman Khurshid, learned senior counsel along with Mr. Sriram Parakkat, learned counsel for the petitioner and Mr. Basavaprabhu S. Patil, learned senior counsel along with Mr. M.R. Naik, learned Advocate General for the State of Karnataka.

2. The present special leave petitions depict a picture where one can unhesitatingly say that the conception of a public interest litigation is conceived by some either to establish one's identity in public because he suffers from some kind of identity crisis or he is impelled by some kind of peculiar thought which he feels that every facet of any decision has some public interest to be agitated in a court of law; although there is none.

3. As the facts would unfold, two ladies, namely, Leelavati w/o Vasudev Bhatt Dixit and Ms. Jayshree w/o late Vittal Bhatt Dikshit donated 5 acres of land situate in the Taluk Aland in the District of Kalburagi in the State of Karnataka for construction of a "Mini Vidhana Soudha". Be it clarified, "Mini Vidhana Soudha" is a Taluk office meant for officers to function from one compound. Various departments at the Taluk level are required to function in a cohesive and cooperative manner. A decision was taken by the Government not to establish the "Mini Vidhan Soudha" at the originally chosen place at Aland, but to shift to another place in the same Taluk.

4. The petitioner, who claims to be a public spirited person, invoked the jurisdiction of the High Court by filing a public interest litigation challenging such shifting of the place by alleging mala fide and also raising the contention that there had been violation of the conditional gift deed executed by the two ladies. The High Court by a detailed order has declined to interfere.

5. It is submitted by the learned senior counsel appearing for the petitioner that once a decision had been taken and the gift condition was accepted, the authorities could not have changed the decision and substitute the place.

6. Mr. M.R. Naik, learned Advocate General appearing for the State, per contra, would contend that the need for "Mini Vidhana Soudha" at Aland required more area and, therefore, the authorities took a decision to have it on the land situate on Survey No.496 belonging to the agricultural department of the State. It is also urged by him that the makers of the gift deed are not affected, but the petitioner has jumped into the fray to build a superstructure to get the limelight.

7. In reply to the submission made by Mr. Nayak, it is submitted by Mr. Salman Khurshid that the land that had been taken from the department of agriculture is affecting the local public. It is assiduously put forth by Mr. Naik that the State Government does not have the slightest intention to cause any corrosion in the development of agriculture. He would further urge that the seed farm belonging to the agriculture department has already been shifted.

8. Ordinarily, we would have straightway dismissed the special leave petition but we are inclined to say something in addition. Shifting of "Mini Vidhan Saudha" of present nature by an executive decision to six kilometers away is not a matter of public interest. It does not espouse any kind of public cause. It really pertains to smooth administration where the "Mini Vidhan Saudha" or Taluk office complex will be situated. It does not come within the domain of public interest litigation. It is pure and simple abuse of the concept of public interest litigation. Be it clarified that the conception of public interest litigation was not conceived to be used for this purpose. Therefore, while dismissing the special leave petitions, we impose Rs. 25,00,000/- (Rupees twenty-five lakhs only) as costs to be deposited by the petitioner before this Court within four weeks, failing which appropriate action shall be initiated against him.

9. The special leave petitions are dismissed in the above terms.

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