MANI SHANKAR PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS case brings to the fore how a noble, laudable and public justice- oriented legal process, that is what we call "Public interest Litigation" which is essentially and initially meant to provide legal representation to previously unrepresented groups and citizens, can be misused and abused by unscrupulous persons, without any element of public interest either in their heart or in mind, to have their own axe to grind against an individual for an oblique consideration and as a vexatious measure.

(2.) THE facts are simple, and in brief, they are : The petitioner is a permanent resident of Maharana Pratap Nagar, Tifra in Bilaspur City. The petitioner claiming to be a pro bono public character has filed this writ petition as a Public Interest Litigation (hereinafter referred to as "the PIL") to espouse cause of the public at large. The petitioner has stated that the fifth respondent is a business concern which is running a fuel outlet in Bilaspur and at present that fuel outlet is situate at Vyapar Vihar in Bilaspur City. The fifth respondent made an application to the Collector and District Magistrate, Bilaspur for no objection certificate to shift the fuel outlet from the existing place to the premises bearing Nos. 1435/1, 1435/2, 1436 and 1459. The fourth respondent has granted 'no objection certificate' to the fifth respondent. It is alleged that the fifth respondent is shifting fuel outlet in utter violation of the guidelines and norms prescribed in Circular No. RW/NH- 33023/19/99-Do III dated 31st August 2000 issued by the National Highways Authority. It is also alleged that the fifth respondent did not apply to the Ministry of Road Transport & Highways, the second respondent herein, for shifting and setting up Fuel Outlet at a new place as required under the circular dated 31st August 2000. It is further alleged that if the fifth respondent is permitted to shift Fuel Outlet, it will be totally dangerous to public safety and road safety and it would also cause inconvenience to motorists traveling on National Highway No. 200 from Bilaspur resulting in frequent accidents. In the premise of the above allegations, the petitioner has prayed for the following reliefs :

(3.) ON service of notice respondents 1 and 2, namely, Union of India and Ministry of Road Transport & Highways, respectively, put in appearance and filed their return on 26-07-2005 virtually reiterating the allegations made by the petitioner and supporting the writ petition. Respondent No 5 also on service of notice put in appearance through his counsel and filed an application on 27-07-2005 for vacating the interim order dated 24-06-2005. In the said application, the fifth respondent while denying all material allegations leveled against if by the petitioner has alleged that the petitioner is not a pro bono public character; the petitioner never espoused any cause by way of a PIL earlier; the petitioner is a contractor and the fifth respondent supplied petrol, diesel and automobile oil to the petitioner on credit basis between 22-05-1997 and 25-07-2004 and he did not clear the bills for Rs. 1,11,735.12 paisa. When the fifth respondent demanded payment of outstanding dues, the petition being annoyed by the said demand and in order to harm him, he has filed the writ petition under the garb of PEL. It is also stated that the proprietor of the fifth respondent is a scheduled caste person and the petitioner has been torturing him mentally not only by not paying outstanding dues but also subjecting him to vexatious litigation. The fifth respondent has also produced bills as documents No. 1 to show that the petitioner has drawn petrol, diesel and motor vehicles' oil from the Fuel Outlet owned by it. It is also alleged that the status claimed by the petitioner that he is a social worker and pro bono public character and he has been espousing the causes for protecting the public interest are all utterly false and the present writ petition is filed as a vexatious measure to harm the innocent fifth respondent.