PIL not maintainable if personal interest camouflaged as public cause.

SHEEL NAGU, CHIEF JUSTICE ( Oral )

1. The petitioner has filed this Public Interest Litigation (PIL) assailing certain tender processes, especially in respect of up-gradation, resurfacing and beautification of roads and junctions in Mohali under Mohali’s Next Generation Programme.

2. On the last occasion, on the asking of this Court, the petitioner has filed an affidavit disclosing his political affiliation.

3. Today, when the matter was argued, it further came to light that at page no.9 of the petition, there is a table, which contains the averment that the horticulture work of 45 meters wide road in Medicity, New Chandigarh, is being carried out by the petitioner and other works are being carried out by other contractors. When a pointed question was asked to learned counsel for the petitioner that the said contents of the tabular illustration disclose personal interest of the petitioner, learned counsel for the petitioner explains that the same has been reproduced from another document and the said disclosure of the horticulture work being done at 45 meters wide road, Medicity, New Chandigarh, is factually incorrect. However, the pleadings in the CWP do not support the said disclosure being factually incorrect.

4. Further, the affidavit discloses that the petitioner has made several representations, but none is found on record.

6. In view of the above, we are not inclined to give further time to the petitioner and therefore, we have no hesitation to hold that the cause raised herein is in fact, a personal cause camouflaged as a public cause. Accordingly, the present petition as PIL is not maintainable and is dismissed with costs of Rs.25,000/- to be deposited with the PGI Poor Patient Welfare Fund, Chandigarh, within a period of 15 days.