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SUSHRUT ARVIND DHARMADHIKARI, HIRDESH
Jhamak Bhargat – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Sushrut Arvind Dharmadhikari, J. - Heard finally with the consent of both the parties.
This petition has been filed by the petitioner under Section 226 of the Constitution of India.
2. By way of this Public Interest Litigation(PIL), the petitioner is seeking the following reliefs :-
(a) to direct the respondent authorities to demolish the illegally constructed structure on the LIQ;
(b) to direct the removal of encroachment made by the respondent no.6 on the LIQ;
© to direct the respondent no.4 to revoke the building permission granted on 15/10/2020;
(d) to direct the respondent no.5 to revoke the layout sanction granted on 26/02/2020;
(e) to pass any other order as this Hon'ble Court may deem fit.
3. Learned counsel for the petitioner contended that the petitioner is a social worker. He is also a member and office bearer of various social welfare organizations and he has no personal interest in the present petition. The grievance of the petitioner is that the respondent no.6 has illegally encroached on Nazul land, area about 30,000 Square Feet in connivance with some officers and is illegally constructing a building, due to which not only the general public, but also the interest of t
The court emphasized the importance of genuine PILs and the verification of the petitioner's credentials before entertaining a PIL. It also clarified that revocation of building permission in a PIL w....
The importance of procedural laws in public interest litigation, the need for public spirited litigants to avail of other remedies, and the application of principles of natural justice in decision-ma....
Public Interest Litigations must serve the public interest and cannot be used for personal grievances, as established in this case.
Public interest litigation is not applicable when targeting a specific property owned by an individual, and separate legal actions must be pursued for such disputes.
The judgment emphasizes the importance of procedural technicalities in public interest litigation, the availability of alternative remedies, and the principles of mandamus in issuing writs.
The court directs administrative authorities to expedite action on illegal encroachments on public land while emphasizing public interest.
Lack of evidence, ground work, and public interest element in a public interest litigation may lead to the dismissal of the petition and imposition of costs on the petitioner.
Courts cannot decide disputed questions of title in a PIL and may direct parties to seek remedy through civil court proceedings.
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