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D. N. PATEL, JASMEET SINGH
Prerna Ek Disha Foundation – Appellant
Versus
Chairman Special Task Force – Respondent
JUDGMENT
D.N.Patel, C.J. -
Proceedings in the matter have been conducted through video conferencing.
C.M.No.7858/2021 (exemptions)
Allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) No.2653/2021
1. This so called public interest litigation has been preferred with the following prayers:-
"a) Issue a writ, order or direction in the nature of mandamus thereby directing the Respondent No.1 to take all actions including demolition action against the properties unauthorizedly constructed mentioned in para 14 above in a time bound manner.
b) Issue a writ, order or direction in the nature of mandamus thereby directing the Respondent No. 2 to take demolition and prosecution action against the owners/builders of the unauthorizedly constructed properties mentioned in para 14 above in a time bound manner and take them to logical conclusion.
c) Issue a writ, order or direction in the nature of mandamus thereby directing the Respondent No.3 to disconnect water supply to unauthorized constructed property regarding which request is received from Respondent No.2.
d) Issue a writ, order or direction in the nature of mandamus thereby directing the Respondent No.4 to disconnect el
A public interest litigation must be substantiated with credible evidence and involve necessary parties; failure to do so may result in dismissal.
Public Interest Litigation requires proper standing and evidence; a petitioner must join affected parties and cannot solely rely on hearsay.
Public interest litigation is not applicable when targeting a specific property owned by an individual, and separate legal actions must be pursued for such disputes.
Lack of evidence, ground work, and public interest element in a public interest litigation may lead to the dismissal of the petition and imposition of costs on the petitioner.
Proof of illegality in construction must be supported by substantive evidence; mere presence of construction materials is insufficient.
The legality of construction cannot be ascertained solely from documents; adequate evidence is essential for a writ court to adjudicate such matters.
Writ jurisdiction is not suitable for adjudicating disputed questions of fact regarding legality of construction; appropriate remedies must be pursued instead.
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