Court : Supreme Court of India
Reported in : AIR2005SC2755; 2005(5)ALLMR(SC)797; 100(2005)CLT275(SC); JT2005(5)SC389; 2005(3)KLT588(SC); 2005(II)OLR(SC)184; (2005)5SCC136; 2005(3)SLJ136(SC); (2005)5SCC136
..... has come to weed out the petitions, which though titled as public interest litigations are in essence something else. it is shocking to note that courts are flooded with large number of so called public interest litigations where even a minuscule percentage can legitimately be called as public interest litigations. though the parameters of public interest litigation have been indicated by this court in large number of cases, ..... of india and ors. : air2004sc1923 13. when a particular person is the object and target of a petition styled as pil, the court has to be careful to see whether the attack in the guise of public interest is really intended to unleash a private vendetta, personal grouse or some other mala fide object. since in service matters public interest litigation cannot ..... , the court cannot afford to be liberal. it has to be extremely careful to see that under the guise of redressing a public grievance, 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 impersonating ..... as public-spirited holy men. 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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1991CriLJ838; 1991(3)Crimes337(SC); JT1991(3)SC497; 1991(2)SCALE400; (1991)3SCC756; 3SCR752
..... place of shri r.c. jain. before shri aggarwal, the special judge, shri harinder singh chowdhary, an advocate filed a public interest litigation by filing criminal miscellaneous case no. 12/90 under article 51a of the constitution of india seeking the following prayers which we are reproducing hereunder:in the premises your petitioners humbly request that in order to maintain the dignity ..... the initiation of the present proceedings by mr. h.s. chowdhary under article 51a of the constitution of india cannot come within the true meaning and scope of public interest litigation.3. consequent upon the above conclusions (1) and (2), the appellants namely, janata dal, communist party of india (marxist) and indian congress (socialist) who are before this court equally have no right of ..... appeal no. 310/9121. this appeal is filed by the union of india canvassing the legality and correctness of the order dated 5.9.90 passed by the high court and praying for a direction directing the high court to decide the maintainability of the public interest litigation as a preliminary question. in that appeal, the learned solicitor general requested ..... seeking their impleadment/intervention. for the same reasons, dr. p. nalla thampy there also has no right to file the writ petition (crl.) no. 114 of 1991 as a public interest litigant.4. having regard to the facts and .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2005Guj203
..... are finally heard at length at the admission stage and they are being finally disposed of.3. all the three petitions are filed by way of public interest litigations under article 226 of the constitution of india. the first petition, being special civil application no. 14460 of 2004, is argued at length by all the learned counsels appearing for the respective parties ..... has, therefore, submitted that such an induction furnace cannot be termed as foundries (individual) requiring eia clearance.29. mr. shelat has further submitted that the present petition as public interest litigation is not a bonafide petition. mr. shelat has submitted that the petitioners have referred to certain internal notings of the respondent no. 1 which culminated in the alleged ex post ..... mr. vakil has further submitted that to the knowledge and information of the respondent no. 5, the company which is allegedly sponsoring the present petition got moved one public interest litigation against m/s. lanco kalahasthi castings limited of chennai dealing in manufacturing of ductile iron/cast iron spun pipes and the said company has ultimately taken over this latter ..... concocted to provide competency of the writ petition.7.2 mr. vakil has raised the second preliminary objection to the effect that the petition is not bonafide and genuine public interest litigation but has been filed at the instance and behest of electro steel casting limited (escl). the petition is nothing but the result of business rivalry and has been .....Tag this Judgment!
Court : Patna
..... respondents have filed counter-affidvits and have submitted that the petitioners have no locus standi to maintain the instant writ petition. the instant petition is not in public interest and, therefore, cannot be treated as a public interest litigation. it is submitted that only the owners or builders of the structures can make a grievance, if. at all, against the action of the respondents. no ..... set of regulations for different areas or different kinds of areas.section 36 (1) provides as follows:36. erection of buildings etc.-(i) every person, including local authority, body corporate constituted under any law and a department of central or state government, who intends-(a) to carry out a development plan or any other development work;(b) to make any addition ..... not either owner or builder, who have a right to object under section 54 of the act.counsel next referred to the judgment of the supreme court in union of india v. tulsiram patel : (1985)iillj206sc , and in particular referred to paragraph no. 101 of the judgment. the observation in the aforesaid paragraph of the judgment in fact supports the view ..... petitioners.15. having considered all aspects of the matter, we have no hesitation in dismissing this writ petition. we hold that this writ petition is not in the nature of public interest litigation, but has been filed to espouse the cause of shop-keepers and traders, who are occupants of unauthorised constructions. this court in exercise of its writ jurisdiction will not issue .....Tag this Judgment!
Court : Chennai
Reported in : AIR1995Mad16
..... be maintained against the first respondent in view of the immunity and the consequent embargo contained in article 361 of the constitution of india; (b) whether the petitioner could claim to have the locus to maintain a writ petition even as a public interest litigation as it is made to appear, and (c) whether any positive or constructive allegation of disqualification within the meaning ..... of article 102(1)(e) of the constitution of india, has been made, obliging the first respondent to take further action on the representations said to ..... but this does not mean that the doors of this court are always open for anyone to walk in. it is necessary to have some self imposed restraint, on public interest litigants. otherwise, it would amount to permitting busy bodies masquerading in the roie of saviours indulge in actions besmirching the character of others creating unnecessary fuss more for the sake of ..... the petitioner, warranting the interference of this court.10. even that apart, i am of the view that the petitioner has no locus to maintain this writ petition. public interest litigation has been devised as a means to provide easy access to weaker sections of society to combat exploitation and injustice, and in order to secure to the under-privileged segments .....Tag this Judgment!
Court : Karnataka
Reported in : 2004(6)KarLJ613
..... be duly authorised by the members of the society/association. public interest litigation is a weapon, which has to be used with care and circumspection and the judiciary has to be extremely careful to see that under the guise of redressing a public grievance it does not encroach upon the sphere reserved by the constitution to the executive and the legislature. a reference can be ..... archaeological survey of india (hereinafter 'asi') and respondent 9-superintending archaeologist, asi, bangalore. this court observed that 'it is within the dominion of the government to see the feasibility and other financial aspects to decide the issue in the public interest'. this court also taking note of the submission made by the learned government advocate that action was being taken for constituting hampi world ..... of the unesco. the united nations educational, scientific and cultural organisation (hereinafter unesco') declared hampi monuments as world heritage site on 28-11-1986. the observer of the government of india who conducted the work, submitted a report dated 24-7-2000 to the unesco that the construction of the two bridges had been halted but that corrective measures had to .....Tag this Judgment!
Court : Delhi
Reported in : 93(2001)DLT501; 2002(61)DRJ92
..... over the demands of public interest. may be the shifting of the traders out of the walled city will be a source of inconvenience to them, but human life is more important and cannot be sacrificed for the financial gain of some. under article 21 of the constitution it is the bounden ..... godown. even the magisterial enquiry recommended that the chemical market should be shifted from the congested area of old delhi on priority basis. in the public interest the chemical traders and the transporters in fact ought to have volunteered themselves to shift out of the walled city. in a matter of this ..... purpose of establishing a wholesale chemical market outside the walled city. we are told that several crores have been sent on the project. the public interest demands that there should be no further change of site for locating the chemical market. the convenience of the traders cannot be given pre eminence ..... 8. after having made the aforesaid observation, we continue with the narration of the contents of the survey report. the survey report also mentioned the constitution of a committee to identify the chemical trades which needed to be shifted. accordingly, a detailed survey of the dealers of the chemicals was decided ..... we propose to deal with the question whether or not the chemical trade is to be shifted from the walled city. the traders are not interested in moving out of the walled city as in their present location they are well entrenched in the chemical trade. the question which arises for .....Tag this Judgment!
Court : Patna
..... v. vakataswami c.j.1. the petitioner herein has filed this application under articles 226 and 227 of the constitution of india by way of public interest litigation to direct the respondents to hold interview for selection of lecturers for plus two system (intermediate standard) as promised in the advertisement in accordance with the advertisement published in local ..... xxxthat it is stated that due to paucity of fund, no extra post of lecturers could be created or sanctioned by the state govt. but after due consideration, in the interest of +2 teaching in more subjects the government surrendered the posts of two heads of the department in the upgraded 148 schools and 148 posts each in biology and mathematics ..... stated that the vidyalaya seva board without obtaining prior approval of the state govt. read verities the posts of lecturers in the remaining subjects vide advertisement no. 1/91. such publication of advertisement by the vidyalaya seva board was made without any requisition from the state govt. which necessitated issuance of letter no. 88 dated 18.2.91 and thereby, for .....Tag this Judgment!
Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; 247ITR609(Bom)
..... , j.1. this writ petition under article 226 read with articles 14 and 48a of the constitution of india is a public interest litigation by the petitioners who are taxpayers and rate payers residing in bandra area and claim to be deeply interested in environmental protection and planned and orderly development of the city of mumbai. the first petitioner is ..... basic feature of the indian constitution and the power of the constitutional courts, whether they be high courts exercising jurisdiction under article 226, or the supreme court under article 32, is virtually limitless except for self-imposed limitations in the interest of administration of justice and the dictates of prudence. a public interest litigation is not adversary in nature, ..... but is intended to focus the public interest aspect before ..... credence to the contention of learned counsel for the sixth and the ninth respondents that this writ petition was intended only as a pil meaning 'persecution interest litigation' and not pil meaning public interest litigation.though, this writ petition was seriously taken up for final hearing on june 30, 1998, and the hearing continued from july 1, 1998, to .....Tag this Judgment!
Court : Karnataka
Reported in : 1999(1)KarLJ603
..... the supreme court had the opportunity to consider the circumstances under which investigation, enquiry or probe could be directed and monitored. in that case, a public interest litigation under article 32 of the constitution of india was filed in the apex court alleging that the government agencies like the cbi and the revenue authorities had failed to perform their duties and legal obligation ..... or meddlesome interlopers or that they have approached the court with mala fide intention of vindicating their personal vengeance or grievance. we have no doubt that the process of public interest litigation is not being abused by the petitioners for ulterior motives or their personal gains. we are also satisfied that if the pleas raised by the petitioners are prima ..... be based upon the allegations arising out of surmises and conjectures and mere speculation. the petition is alleged to have been filed with ulterior motives in the garb of public interest litigation. it is submitted that as all the actions of the respondents are claimed to be transparent, in accordance with the law and the result of prolonged deliberations and ..... . the allegations of the petitioner have been termed to be wholly incorrect and unsubstantial by respondent 3 in the objections filed on its behalf. in the garb of public interest litigations the petitioners were alleged to be seeking to undertake a roving and fishing inquiry in an attempt to thwart a much needed infrastructure project with the oblique motive to .....Tag this Judgment!