The New Indian Express ·
Orissa HC imposes Rs 50K fine on petitioner for misusing PIL
CUTTACK: The Orissa High Court has imposed Rs 50,000 fine on a petitioner for filing a PIL challenging construction of a government Kalyan Mandap on private land in Badamba block of Cuttack district.
A division bench of Chief Justice Harish Tandon and Justice Chittaranjan Dash termed the case a classic example of misuse and abuse of the remedy of public interest litigation. The petitioner had no locus standi and used the PIL mechanism to settle a personal score, the bench observed.
The PIL was filed by one Biswanath Behera of Badamba Block, questioning the construction of the Kalyan Mandap on private land. The court noted that the petitioner was neither the owner nor occupier nor settlee of the land concerned. It also took note of the fact that the actual owner had not raised any objection to the construction.
“This is one of the classic examples where the remedy in the nature of a Public Interest Litigation (PIL) is misused and abused by a person for settling his personal score,” the bench observed.
Additional government advocate Debashis Tripathy submitted that the construction of the Kalyan Mandap was made after obtaining a no-objection from the landowner.
The bench pointed out that the right to property is a constitutional right protected under Article 300-A of the Constitution and an owner has the right to protect and deal with his property.
“A third person who has no semblance of right, title and interest in respect of the said property cannot use the tool of Public Interest Litigation to challenge construction on the land,” the judges said.
The bench also found that there was no infringement of any fundamental right or the constitutional right under Article 300-A. It held that allowing a third party without any legal interest in the property to raise such objections would impede the rights of the rightful owner. Describing the PIL as frivolous, the court said it deserves dismissal with exemplary costs.
The bench accordingly dismissed the petition and imposed a cost of `50,000, directing the petitioner to deposit the amount with the Odisha State Legal Services Authority within two weeks.
The court directed that once deposited, the amount be kept in the account earmarked for juveniles.