Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Article 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950 - Article 226 - Writ Petition styled as Public Interest Litigation - By a spokesperson of recognized political party - Challenging allotment of plots by State Government - High Court concluding the allotments as being irregular on the basis of files - Parties not asked by the Court to clarify the doubts - On appeal, held: The Writ Petition was not in public interest - Even if the petition is not found to be in public interest, if the Court finds that there is scope for dealing with the matter farther in greater public interest, it can be done - In view of the manner, the High Court came to its conclusion, matter remitted to High Court for fresh consideration - Public Interest Litigation.Public Interest Litigation (PIL) - Scope of - Held: PIL is a weapon which has to be used with great care and circumspection - It is to be used for delivering social justice - A person acting bona fide and having sufficient interest in the proceedings of public interest litigation alone has locus standi and can approach the Court to wipe out violation of fundamental rights and infraction of statutory provisions - Where PIL is found to be merely a camouflage to foster personal disputes, it has to be thrown out - A petition based on news reports without verifying their authenticity should not normally be entertained - Easy access to justice should not be misused as a licence to file misconceived and frivolous petitions - Constitution of India, 1950 - Article 226.Respondent, a spokes-person of a recognized political party tiled a writ petition styled as Public Interest Litigation alleging that land given to the appellant through its director-respondent No.5, at different places in the State, by the State Government without issuing any notice, inviting bids and at value far below the market price of those plots; that the allotment was without following any norms or procedure; that the act of the State Government caused heavy loss to the State; and that the action was based on political considerations and was, therefore, malafide. High Court observed that allotment was done in irregular manner. It rejected the allegation of malafide giving benefit of doubt to State. The authority concerned was directed to resume possession of the land. Hence, the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1239 |
Petitioner | M/s. Holicow Pictures Pvt. Ltd. |
Respondent | Prem Chandra Mishra & Ors. |
SCR | [2007] 12 S.C.R. 1068 |
Judgement Date | 2007-12-06 |
Case Number | 5671 |
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