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MANINDRA MOHAN SHRIVASTAVA, PANKAJ BHANDARI
Ambedkar Nagar Development Society (Registered) – Appellant
Versus
Vocational Education Trust, East of Kailash, New Delhi – Respondent
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
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.
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 court emphasized that public interest litigation should be used for genuine public wrong or public injury and not for personal gain, private motive, or political motivation.
Land Scam - 'Public Interest Litigation' – Not maintainable - PIL to be genuine Public Interest, not a publicity petition, politically motivated by third party, private interest or with any other mot....
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....
Public interest litigations must be genuine and not motivated by personal agendas; previous judgments on similar issues bind the parties, barring new petitions.
Provisions of the Act No.30 of 2013 cannot be clubbed with the APMRUDA Act, 2016 and the Rules, 2016.
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