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SANJAYA KUMAR MISHRA, ANANDA SEN
Shani Kant alias Mantu Soni, S/o Shri Rajesh Soni – Appellant
Versus
Union of India – Respondent
ORDER :
1) By filing this Public Interest Litigation, the petitioners have prayed to issue a direction to the Secretary, Department of Revenue, Registration and Land Reforms (Respondent No. 7), to submit a complete and exact report of the Special Investigation Team (in short ‘SIT’) indicating alleged scam of Rs. 2000 – 3000/- cores along with its recommendations before this Court. The petitioners further have prayed to issue a direction to the respondents concerned to comply with the recommendations made by the SIT within a prescribed period along with a direction for initiation of criminal and/or other actions against the Officers/employees of NTPC, State Government and other persons including middlemen; or, to issue direction to the Central Bureau of Investigation (‘CBI’ in short), to conduct investigation and submit its report within a period of three months as regards the illegality committed in disbursement of the compensation by making false/ fabricated documents for land settlement and manifold other illegalities in connection with the land acquisition for mining of coal by the NTPC for its projects and other Centrally sponsored projects of other agencies under the Hazaribagh
Proper credentials and acting bona fide are essential for maintaining a Public Interest Litigation.
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 the need for petitioners in public interest litigation to come with clean hands and be above suspicion, and laid down parameters to prevent misuse of public interest litigation.
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
(1) Public Interest Litigations – What is of crucial significance in a Public Interest Litigation is bona fide of petitioner who files PIL – It is an extremely relevant consideration and must be exam....
The court emphasized the necessity for petitioners in Public Interest Litigations to disclose their credentials to establish genuine public interest and discourage frivolous filings.
Public Interest Litigations must demonstrate genuine public interest, and allegations must be substantiated with relevant evidence; vague and unsupported claims cannot warrant judicial intervention.
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