Madhya Pradesh High Court Dismisses PIL on Land Encroachment; Emphasizes “Public Interest Writ Jurisdiction Requires Solid Evidence”
In a significant ruling, the Madhya Pradesh High Court (Indore Bench), comprising Justices Sushrut Arvind Dharmadhikari and Hirdesh, dismissed a Public Interest Litigation (PIL) on November 6, 2023, concerning alleged land encroachment and illegal construction in Writ Petition No. 10124 of 2023 – Jhamak Bhargat Vs. The State of Madhya Pradesh and Others.
The petitioner, claiming to be a social worker, had sought the court’s intervention to demolish what was claimed to be an illegally constructed structure. However, the bench, in its observation, stated, “The PIL is absolutely misconceived and cannot be entertained,” emphasizing the need for concrete evidence and substantial public interest in PIL cases.
The court highlighted that the petitioner failed to prove his credentials as a social worker satisfactorily and did not demonstrate substantial public interest, criteria essential for the admissibility of a PIL. Drawing from the guidelines established in the landmark case of State of Uttaranchal Vs. Balwant Singh Chaufal and Others, the court underscored the importance of discouraging PILs filed with ulterior motives.
Addressing the issue of land encroachment and building permissions, the court remarked, “The question as to whether there is any encroachment, has to be decided only after recording evidence.” This statement underlines the court’s stance on the need for a detailed examination of evidence in disputes involving property rights and encroachment.
Representing the appellant were advocates Shri Veer Kumar Jain and Ms. Vaishali Jain, while the state’s interests were defended by Learned Additional Advocate General Shri Anand Soni, along with advocates Shri Manish Yadav and Shri Tarun Kushwah for respondents.
The judgment also referenced the case of Surendra Pratap Singh Vs. State of M.P. and Others, further reinforcing the court’s position on the necessity of demonstrating a genuine public interest in PIL matters. This ruling sets a precedent for future PILs, particularly in the context of land disputes and the necessity for valid and substantial claims in public interest litigation.
Decided on : 06-11-2023
JHAMAK BHARGAT VS THE STATE OF MADHYA PRADESH AND OTHERS
