CHETAN KODARLAL VYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition, purportedly filed to serve public interest, is one more example of abuse of the PIL jurisdiction of this Court. Under the pretext that the same has been filed for protecting ecology and environment, it is in fact filed for serving vested interests of others, as would appear from the discussion to follow. It is significant to note that by the time the writ petition came up for hearing before us, the petitioner has succeeded in achieving his extraneous and motivated purpose. The Collector, Mumbai Suburban District under the pretext that she is complying with the directions of this Court, demolished the crematorium of Koli Community on Erangal Beach, Malad.

(2.) The Supreme Court after noticing that a large number of people who are poor, ignorant or in a socially or economically disadvantaged position were not in a position to approach the Courts to redress their grievances regarding violation of fundamental or legal rights evolved what is popularly known as Public Interest Litigation. In Public Interest Litigation, the Courts mainly deal with the cases seeking direction to protect fundamental rights and other legal rights of the marginalized groups and weaker Sec. of the society who for various reasons including poverty, illiteracy and ignorance cannot approach this Court or the Supreme Court. The Public Interest Litigation is also entertained in the cases relating to protection, preservation of ecology, environment, forests, marine life, wildlife, etc. PILs relating to maintaining the probity, transparency and integrity in governance are also entertained by the Courts.

(3.) This PIL petition under the garb of protecting ecology and environment seems to have been filed at the instance of Applicant-Make Waves Sea Resort Private Ltd. (hereinafter referred to as "said resort") to protect their commercial interest and for that purpose intended to destroy legal rights of fisherman community to use the said plot as crematorium. This PIL is filed to destroy legal rights of weaker sec. i.e. fishermen community for the purpose of securing commercial interest of said resort. The PIL petitioner and, possibly the said resort, succeeded in demolishing said crematorium through government machinery under the pretext that High Court has directed demolition of the same.