Case Note & Summary
The petitioner, claiming to be the President of Mumbai Division of Maharashtra Machhimar Kruti Samiti, filed a Public Interest Litigation challenging a Slum Rehabilitation Authority (SRA) scheme approved by respondent no. 1. The petitioner alleged that the scheme was approved without the consent of 70% of slum dwellers, contrary to the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and Development Control Regulations. The petitioner sought quashing of the scheme and direction to the Commissioner of Police to register an FIR against officers for granting approvals. The court, after hearing the petitioner's counsel on 3 August 2016, was prima facie not satisfied that this was a genuine public interest litigation. The court noted that the petitioner had personal interest in the subject matter and that the petition was an abuse of the process of the court. Consequently, the court dismissed the petition with costs of Rs. 25,000 to be paid to the Bombay High Court Legal Services Committee.
Headnote
A) Public Interest Litigation - Locus Standi - Genuine Public Interest - The court examined whether the petition filed as a public interest litigation was genuine or motivated by personal interest. The court held that the petition was not a genuine public interest litigation and was an abuse of the process of the court, as the petitioner had personal interest in the subject matter. (Paras 1-3)
Issue of Consideration
Whether the petition purportedly filed as a public interest litigation is a genuine public interest litigation or is motivated by personal interest.
Final Decision
The court dismissed the petition with costs of Rs. 25,000 to be paid to the Bombay High Court Legal Services Committee.
Law Points
- Public Interest Litigation
- Locus Standi
- Genuine Public Interest
- Abuse of Process of Court
