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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Sandeep Bhardwaj – Appellant
Versus
Ministry of Housing and Urban Development – Respondent
| Table of Content |
|---|
| 1. pil filed regarding conversion charges. (Para 1) |
| 2. pil enacted to address burdens on businesses. (Para 2 , 4) |
| 3. pil must serve public interest. (Para 3) |
| 4. pil dismissed, private interests not served. (Para 5 , 6) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings have been conducted through video conferencing.
C.M.No. 14955/2021(exemption)
Allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) No.4852/2021 and CM No.14954/2021 (stay)
1. The present petition in the nature of Public Interest Litigation has been preferred with the following prayers:
"a) Hold the Notification vide S.O. 3173(E) dated 29.06.2018 as ultra-vires;
b). Issue a writ of mandamus and direct the Respondent No.1 and Respondent No.2 to allow the users of property to make payment for the conversion and parking charges in both lumpsum and annual payment mode;
c). Direct the Respondent No.1 and Respondent No.2 to withdraw the modified Notification S.O. 3173(E) dated 29.06.2018;
d). Direct the Respondent No.3, Respondent No.4 and Respondent No.5 respectively to refund the money collected as conversion and parking charges with interest calculated @ 18% per annum from the
Public Interest Litigation requires genuine public interest and should not be used for personal gains; courts must exercise caution in accepting such petitions.
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 Litigations cannot be utilized by individuals with personal interests, as they lack the necessary standing to join proceedings framed under public benefit considerations.
Public interest litigation must not be driven by personal interests; it should address genuine social issues, with courts vigilant against misuse for private gain.
Public interest litigations must demonstrate concrete public interest, and allegations of unauthorized land use must be supported by substantive evidence to be entertained.
The practice of filing public interest litigation by an advocate is not appreciated as per the decision in Dattaraj Nathuji Thaware v. State of Maharashtra, (2005) 1 SCC 590.
The court directed the administrative authority (District Collector) to dispose of a representation regarding alleged illegal land conversion and unauthorized construction through a reasoned order af....
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