PILs Increasingly Used To Target Infrastructure Projects: Supreme Court

PILs Increasingly Used To Target Infrastructure Projects: Supreme Court

by India Infrahub - Dec 16, 2022 06:27 PM +05:30 IST
PILs Increasingly Used To Target Infrastructure Projects: Supreme CourtNamakkal-Karur Highway (Reliance Infrastructure/NHAI)

Public interest litigation (PIL) matters are being increasingly used to target infrastructure projects, the Supreme Court observed on Friday while refusing to entertain a plea challenging the re-development of a plot of land in Mumbai.

'The PILs could become an instrument of blackmail when it is an issue of an infrastructure project. This actually makes a plank to target such projects. The (Bombay) High Court has actually smelled the rat here. This is happening across Delhi, Mumbai....,' a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said.

The top court was hearing an appeal against the dismissal of a plea by the Bombay High Court challenging the redevelopment of a plot of land at Mumbai's Worli.

It concurred with the high court's findings that the PIL was filed to target the project.

'When a particular property is targeted in a PIL, the high court is often aware why the party has approached it. The idea is to target one project and the high court often knows why it is happening,' it said.

While dismissing the plea, the apex court also refused to interfere with the part of the high court order imposing a cost of Rs one lakh on the petitioner.

  • Mumbai-based Sarthi Seva Sangh, claiming to be a society incorporated to promote ecology, had moved the Supreme Court after the its earlier petition challenging the redevelopment of a plot at Worli was dismissed by High Court.

    The petitioner had approached High Court seeking to set aside a building plan approved last March by the BMC to the extent of granting additional floor space index on a plot at Dr Annie Besant Road, Worli.

    The BMC said the PIL has not been filed in public interest and why this particular project is targeted is not explained and submitted that there was no illegality in sanctioning the plan.

    The High Court had directed the petitioner to produce a copy of its Memorandum of Association after the society said that its aim was to promote ecology.

    While going through the memorandum, the High Court found that promoting ecology was not the society’s object .

    The High Court could make out that the petitioners had not approached the Court with clean hands and dismissed the PIL with Rs one lakh costs.

Get Swarajya in your inbox everyday. Subscribe here.

An Appeal...

Dear Reader,

As you are no doubt aware, Swarajya is a media product that is directly dependent on support from its readers in the form of subscriptions. We do not have the muscle and backing of a large media conglomerate nor are we playing for the large advertisement sweep-stake.

Our business model is you and your subscription. And in challenging times like these, we need your support now more than ever.

We deliver over 10 - 15 high quality articles with expert insights and views. From 7AM in the morning to 10PM late night we operate to ensure you, the reader, get to see what is just right.

Becoming a Patron or a subscriber for as little as Rs 1200/year is the best way you can support our efforts.

Become A Patron
Become A Subscriber
Comments ↓
Get Swarajya in your inbox everyday. Subscribe here.

Latest Articles

    Artboard 4Created with Sketch.