IMPORTANT POINT
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.

ORDER :

Manindra Mohan Shrivastava, C.J.

1. Three petitioners have joined in the present petition filed in the name of public interest litigation calling in question legality and validity of transfer of subject land by Respondent No. 1 in favour of Respondent No. 2. The petitioners have also questioned subdivision of subject plot and conversion of use of subject plot from educational to commercial by Respondent No. 2.

2. The petitioners, giving their particulars in paragraph nos. 2 and 3 of the petition, claim to be a society and have made declaration and undertaking that there is no personal interest involved and the petition is being filed for the interest of the public at large for espousing the cause of education.

3. According to the petitioners, a plot bearing number J-1 situated in Ambedkar Nagar Scheme, Alwar (hereinafter referred to as ‘the subject plot’) was auctioned in the year 2007 and Respondent No. 1-M/s. Vocational Education Trust emerged as highest bidder. According to the petitioners, even though Respondent No. 1 had not made full payment, no action was taken. Further, Respondent No. 1 did not raise any construction to establish educational institution. The petitioners have questioned the action of Respondent No. 1 in selling out the subject plot in favour of Respondent No. 2 on the allegation that the subject plot was sold to Respondent No. 2 who intended to raise a housing project. According to the petitioners, request made for subdivision of the subject plot could not be allowed. Allegation of the petitioners is that the official respondents not only allowed subdivision of the subject plot but, later on, the petitioners came to know that the land use has also been permitted to be changed from educational to commercial, which according to the petitioners is under the influence of Respondent No. 3, who is a local Member of Legislative Assembly(MLA). It is alleged that under his influence, the official respondents have gone out of way, not only allowing subdivision of the subject plot but also not raising any objection with regard to sale of the subject plot by Respondent No. 1 to Respondent No. 2 and the land use has been changed, seriously jeopardising and adversely affecting the interest of the petitioner-society at large in the matter of development of educational institution. It is further submitted that various complaints were made to concerned authorities and objections were also raised from time to time, but no action has been taken because of influence of Respondent No. 3 and, therefore, present petition had to be filed by the petitioners.

4. The respondents have filed their respective replies. As far as official respondents are concerned, they have replied by submitting that though initially the subject land/plot was auctioned in favour of Respondent No. 1, subdivision of subject plot was allowed after due consideration of the application and the same does not violate any provision of law. It has been further submitted that there is no impediment in sale of the subject plot by Respondent No. 2 to Respondent No. 3 too. It is also submitted that not only application for subdivision of subject plot, but also the application for change of land use was duly considered by the highest authorities and after having been satisfied that the change of land use was permissible under the law, permission was granted. According to the official respondents, in the Master Plan, the land is reserved for Ambedkar Nagar Residential Scheme of Respondent No. 4 and the land in question is shown as part of the Ambedkar Nagar Residential Scheme of Respondent No. 4 without showing any particular use and, therefore, application submitted by Respondent No. 2 for grant of permission for change of user of land falls in the category of change of user of land in the layout plan of the Scheme. It has also been highlighted that even after grant of permission for change of user of subdivided plot no. J-1 (Part A) in the Ambedkar Nagar Resid