Public interest litigations must be filed by individuals acting bona fide in genuine public interest; misuse for personal motives is impermissible.

ORDER :

1. The present petition in the nature of Public interest litigation has been filed by seven persons claiming to be residents of Veraval, District Gir-Somnath.

2. As per statement made in the Writ petition, all the petitioners are local residents of Veraval and petitioners no.1 to 6 are journalists. It is contended in the Writ petition that the petitioners are filing the present petition purely in the public interest on their own and not at the instance of any other person or organisation. The litigation cost, including the advocate's fee and the travelling expenses, etc. are being borne by the petitioners themselves. The present petitioners are not facing any contempt proceedings at the time of filing of the Writ petition.

3. The main dispute raised by the petitioners are pertaining to the constructions raised by the private respondents no. 5 Vinayak Builders through its partners impleaded as respondents no.5.1 to 5.6. It is stated that the private respondents no.5 and 6 are builders who have put up unauthorised constructions and have not removed such constructions and thereby, endangered the life of local residents.

4. The statement in paragraph no.4.1 of the Writ petition is that the private respondents wanted to put up commercial-cum-residential complex at Town Planning Scheme No. 1 of Final Plot No. 80, Sub-plot Nos.1 to 4 situated at Jagnathnagar, Nr. Sripal Society, Gita Vidhyalaya Road, Veraval, Gir Somnath, Gujarat and for that purpose, they had applied for development permission which was granted on 06.08.2019 by the Veraval Patan Area Development Authority under Section 29 , 34 and 49 of the Gujarat Town Planning and Urban Development Act, 1976 read with Sections 253 and 254 of the Gujarat Provincial Municipal Corporation Act, 1949.

5. It is contended that as against the development permission, specifically condition no.8 therein, the private respondents have built up units for residential purposes. It is further stated in paragraph no. 4.2 of the Writ petition that on 22.06.2020, the residents of one Hari Om Society, Veraval preferred an application to the Chief Officer, Veraval Patan Joint Municipality stating that the private respondents have violated the conditions upon which the development permission was granted to them and they have not put up constructions as per the plan approved by the municipality. It was also brought to the notice of the Chief Officer, Municipality that the development permission granted vide order dated 21.06.2019 had expired after one year on 21.06.2020 and, thus, it was prayed by the residents of Hari Om Society to take immediate action against the private respondents for removal of unauthorised construction. The notice dated 25.06.2020 had been issued thereafter. It is contended that the office of the Collector, Gir-Somnath had also called for the comment of the Chief Officer, Municipality by writing a letter dated 08.07.2020.

6. However, as per the contention in paragraph no.4.5 of the Writ petition, to the utter shock and surprise of the present petitioners, another development permission was granted on 02.12.2020 vide order dated 28.10.2020 for Sub Plot Nos. 13, 14, 19 and 20 of the same Final Plot No. 80, subject matter of consideration herein. The further contention in paragraph no.4.6 onwards in the Writ petition is that the present petitioner no.1 made an application on 07.05.2021 before the Chief