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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Rajiv Jolly Khosla – Appellant
Versus
Union of India – Respondent
JUDGMENT
Subramonium Prasad, J. The instant writ petition under Article 226 of the Constitution of India has been filed as a Public Interest Litigation with the following prayers:
"i. Issue a writ in nature of Certiorari or any other similar Writ, Order/Directions whereby setting aside/quashing the new parking rates to be implemented by the respondent no.2 as per its order/tender dated 12.8.2022 No 5-9/2021/Parking Estate.
ii. Issue a Writ of mandamus or any other writ, order or direction thereby directing the respondent no. 1 to formulate a uniform Parking Fees Policy to be followed by all its Government Hospitals in order to avoid any excessive rates being implemented by the Estate officers of respective Government Hospitals being funded by Central Government.
iii. To Direct the respondents to immediately pass the necessary order to have a price capping on parking charges and the contractors should not be given unfettered right to fleece the general public.
iv. Pass any such further order or orders, direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioner and against the respondents.
v. Allow the present writ
The misuse of public interest litigation for personal gain or vendetta is not permissible, and the court may impose costs on petitioners in such cases.
Public Interest Litigation - Health delivery system in the State of Uttar Pradesh - Not maintainable as petition not espousing cause of any member of a disadvantageous section of society or any perso....
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
The main legal point established in the judgment is the importance of genuine public interest litigation, the duty of petitioners to disclose their credentials and the public cause they seek to espou....
The court underscored that frivolous PILs undermine judicial credibility and should be dismissed at the threshold, asserting such petitions should address genuine public grievances rather than person....
Public Interest Litigation requires genuine public interest and should not be used for personal gains; courts must exercise caution in accepting such petitions.
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.
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