Public interest litigations must demonstrate concrete public interest, and allegations of unauthorized land use must be supported by substantive evidence to be entertained.

JUDGMENT :

(Deepak Roshan, J.)

Heard learned counsel for the parties.

2. The instant writ application (PIL) has been preferred by the petitioner praying for a direction for an enquiry and investigation into the alleged illegal construction of shops, installation of a garbage compactor machine, and allotment of land for parking vehicles by inviting tender over a piece of land by the Dhanbad Municipal Corporation, which was leased to be used as a park. Further direction has also been sought to demolish the illegally constructed shops, garbage compactor machine, and for removal of all sorts of nuisance in and around the public utility land (ladies and children Park).

The petitioner has also prayed that a direction be given for initiating action against the erring officials who are responsible for the change of utility over the land and further prayer has been made to direct the respondent to operationalize, restore the beauty and greenery of the park in its original position.

3. The land forming the subject matter of the present petition is situated at Municipal survey plot no. 1117 in Mauza Hirapur, Thana No. 07 in the district of Dhanbad measuring 4.82 acres.

4. The petitioner claims to be a citizen of India and a public-spirited person, activist under the Right to Information Act and claims to be diligently involved in espousing the cause of common people and has no interest in the subject matter of the instant petition. The petitioner has stated that he had earlier filed a PIL seeking an investigation by the Central Bureau of Investigation in relation to award of tenders by the Coal Mines Provident Fund Organisation in the year 2011, 2012 to 2016. The petitioner has also stated that he filed an application for intervention in a PIL being W.P. (PIL). No. 497 of 2023 to draw attention of this Court towards the safety measures in the apartments, particularly in the district of Dhanbad. Both the above petition/application have been disposed of and the orders evidencing such disposal have been placed as Annexure-1 and Annexure-1/1.

5. According to the petitioner, the land in question was conveyed by way of a registered lease in favour of the Dhanbad Municipality being Deed No. 3252/3253 dated 23.02.1946 executed by and between the Governor of the erstwhile State of Bihar and the Dhanbad Municipality. According to the petitioner, the land leased to the Dhanbad Municipality was on a condition that the same will be used for construction of a park and the nature of the user of land would not be changed without the prior permission of the Deputy Commissioner.

Though the park was constructed, and the people of the locality were using the same, the petitioner came to learn that Dhanbad Municipal Corporation has instead of using the land in question as a “Ladies and Children Park” has constructed certain shops, installed a garbage compactor and are also using the land as a parking space.

The petitioner has further complained of non-compliance of the order passed by a Division Bench of this Court in a Public Interest Litigation, which was numbered as W.P.(PIL) No. 4541 of 2004 and by an order dated 18.03.2005 it was directed that the bathrooms installed in the park must be constructed in such a manner that it must be utilised in a way that it should not cause any inconvenience or interference with the proper use of the park by those for whom it was meant to be established. The municipality was also directed to take proper steps to keep the toilet clean and flush and to see that no foul smell is emitted from the toilet beyond the permissible limit.

6. Having gone through the entire petition, it transpires that the same lacks in material particulars. The petition does not indicate t