TMI Blog2013 (9) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... passed in favour of the humble petitioner. Cost of this petition may also kindly be awarded in favour of the petitioner. 2. The petitioner has also stated to have learned about floating of a residential Scheme by the property dealers over the land in dispute. It is in this backdrop of the facts, the petitioner has preferred the present writ application stating to be in the public interest. Detailing out the old and new Khasra numbers of the land in dispute, which according to the writ petitioner, is recorded in the name of Jaipur Development Authority (for short 'the JDA') in the revenue record. It is further alleged that Khasra Number 642, 643, 648 Min. and 649/971 are recorded as public way (Aam Rasta) and there is a 'Nallah' in Khasra Numbers 794 and 648, which has been encroached upon by the property dealers, which in turn has blocked the free flow of rain water into Khasra Numbers 859 and 860. According to the petitioner, on new Khasra Numbers 801 and 802, there is a Government Higher Secondary School with requisite infrastructures including playground on that too some persons have encroached upon. Further, on an inquiry by the petitioner, he learnt that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not been not been caused and this fact is not disturbed. Moreover, M/s. Bharat Bhawan Grah Nirman Sahakari Samiti Limited, Jaipur, itself relinquished the land belonging to the school out of the residential Scheme and therefore, prayed for dismissal of the writ application with exemplary costs since the litigation was initiated with oblique motive. 5. In the response filed on behalf of the Collector, Jaipur (respondent No.4), it is pleaded that the Patwari Halka of the area, after inspection of the disputed Khasra Numbers 801 and 802, submitted a report on 28th August, 2013, detailing out the existence of the Government Higher Secondary School building and boundary wall and further there is no damage of any nature to the boundary wall, as reported. The School was found to be operating with adequate infrastructure including facilities of drinking water and separate toilets for girls and boys. The Patwari Halka, also did not report of any encroachment over the land in dispute. Documentary evidence has also been placed as Annexure R/1 (collectively). 6. We have heard the learned counsel for the petitioner and the learned counsel for the respondents and with their assistance pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings therein initiated in a Court of law for the enforcement of right or seeking a remedy. Therefore, lexically the expression PIL means the legal action initiated in a Court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. 12. In paragraph 60, 61 and 62 of the judgment, the Hon'ble Apex Court of land further pointed out, as under: Be that as it may, it is needless to emphasis that the requirement of locus standi of a party to a litigation is mandatory, because the legal capacity of the party to any litigation whether in private or public action in relation to any specific remedy sought for has to be primarily ascertained at the threshold. 13. In paragraph 96 of the judgment, it has further been pointed out as under: While this Court has laid down a chain of notable decisions with all emphasis at their command about the importance and significance of this newly developed doctrine of PIL, it has also hastened to sound a red alert and a note of severe warning that Courts should not allow its proces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly no public interest except for personal gain or private profits either of themselves or as a proxy of others or for any other extraneous motivation or for glare of publicity break the queue muffing their faces, wearing the mask of public interest litigation and get into the Courts by filing vexatious and frivolous petitions and thus criminally waste the valuable time of the Courts and as a result, the queue standing at the doors of the court awaiting their turn, never moves, in such a state of affairs results into frustration in the minds of the genuine litigants and their faith in the administration of our judicial system starts shaking. 16. The Hon'ble Apex Court of the land time and again pointed out that Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens, who were not able to approach the court of law. The attractive brand name of public in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n two conflicting interests; (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others without there being any factual foundation to sustain such allegations; and (ii) to avoid public mischief and to avoid mischievous petitions seeking to assail, for personal gains and oblique motives; justifiable executive actions. 21. The court has to be extremely careful to see that under the guise of redressing a public grievance in the name of public interest litigation, it does not encroach upon the sphere reserved by the Constitution to the Executive and the Legislature. The Court has to act ruthlessly while dealing with imposters and busy bodies or meddlesome interlopers as well as the proxy for others, impersonating as public-spirited citizens. They masquerade as crusaders of justice. They pretend to act in the name of Pro Bono Publico, though they have no interest of the public or even of their own to protect rather they may be fostering the interests of others for personal gains. 22. The courts are obliged do justice by promotion of good faith, and prevent law from crafty invasions at the hands of unscrupulous litigants at the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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