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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Chetangiri Kailashgiri Aparnathi – Appellant
Versus
State of Gujarat – Respondent
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
Public interest litigations must be filed by individuals acting bona fide in genuine public interest; misuse for personal motives is impermissible.
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....
Public interest litigants must have clean hands and credible credentials, and the courts must validate claims to prevent frivolous petitions, while retaining the sanctity of public interest litigatio....
The need for genuine public interest in PILs and the caution against misuse of the PIL mechanism
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
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.
Public interest litigations must avoid delay and vagueness in claims; authorities should handle illegal construction issues, with the courts exercising restraint in ongoing matters.
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