Case Note & Summary
The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by Sarthi Seva Sangh and another petitioner, challenging the approval of an additional 0.73 Floor Space Index (FSI) for a plot known as Shah House in Worli, Mumbai. The petitioners sought to set aside the amended plan approved on 26th March 2021, arguing that the FSI was computed based on a notional plot area of 3124.09 sq. mts instead of the actual physical area of 1672.26 sq. mts. They also sought recomputation of FSI and demolition of constructions made using the additional FSI. The court examined the bonafides of the petitioners and found that the petition was an abuse of the PIL jurisdiction. The court noted that the petitioner no.1, a society registered under the Societies Registration Act, 1860, claimed to promote ecology and social service, but failed to disclose its relationship with petitioner no.2 or the decision-making process for filing the PIL. The court observed that the Supreme Court has consistently held that PILs must not be misused for extraneous purposes. The court found that the petition lacked bonafides and was filed with ulterior motives. Consequently, the court dismissed the PIL with costs of Rs. 5,00,000 to be paid to the Maharashtra State Legal Services Authority.
Headnote
A) Public Interest Litigation - Abuse of Process - Bonafides - The High Court must remain vigilant against misuse of PIL for extraneous purposes. The petition was filed without disclosing the relationship between the petitioners or the decision-making process, indicating lack of bonafides. Held that the PIL was an abuse of process and dismissed with costs. (Paras 1-2, 10-11) B) Public Interest Litigation - Locus Standi - Societies Registration Act, 1860 - The petitioner society failed to disclose its membership or the authority to file the PIL. The court held that the petitioners lacked bonafides and the petition was not in public interest. (Paras 2, 10) C) Public Interest Litigation - Costs - The court imposed costs of Rs. 5,00,000 on the petitioners to be paid to the Maharashtra State Legal Services Authority, to deter frivolous PILs. (Para 11)
Issue of Consideration
Whether the PIL challenging the grant of additional FSI to a private developer is maintainable and bonafide, or amounts to an abuse of the PIL jurisdiction.
Final Decision
The PIL is dismissed with costs of Rs. 5,00,000 to be paid by the petitioners to the Maharashtra State Legal Services Authority.
Law Points
- Public Interest Litigation
- Abuse of Process
- Bonafides
- Locus Standi
- Misuse of PIL Jurisdiction
