KIRAN ANANDRAO PAWAR Vs. CHIEF GENERAL MANAGER, IRB KOLHAPUR INTEGRATED ROAD DEVELOPMENT COMPANY PVT LTD

JUDGEMENT

(1.) AT the outset we feel compelled to make certain observations not only in relation to these two P.I.L's but in general about such litigation. We have been observing and noting that citizens claiming to be public spirited and concerned with social, environmental, administrative and planning issues approach this Court complaining about either inaction or deliberate act of omission and commission on the part of the executive. The Hon'ble Supreme Court in the case of Ayaaubkhan Noorkhan Pathan V/s. State of Maharashtra and Ors, 2013 AIR(SC) 58 held as under:

(2.) WHEN litigants file such applications and claim that they are public interest litigations they ought to realize that as alert and vigilant citizens they are expected also to be very reasonable and responsible. It is clear that the legal system has to operate with a view to promote justice and on the basis of equal opportunity. It is further apparent that the guarantee is of justice to all and that is enshrined in Article 21 and 39A of the Constitution of India and for that purpose there is a mechanism and system in place. Those approaching the Courts of law ought to be aware and must note that they have approached it because they have faith in and respect for it. They know the worth of its independence and impartiality. The fact that they approach the highest court in the State complaining about the illegal acts, misdeeds and maladministration or inaction of the executive demonstrates that they repose trust and confidence in a Court of law. They repose such trust and faith because they are of the view that an impartial and independent adjudicator will take note of their grievances and complaints and try to redress them within the frame work of law. Thus, immense hope and trust in the legal system and the courts enables them to approach the same.

(3.) IF this is how they have understood the guarantee of impartial and independent justice and forming part of the basic structure of the constitution, then, they ought not overlook that the preamble to the constitution of India, the constitutional articles and provisions referred above, have to be read and construed together with their fundamental duties as citizens of India and set out in Article 51A. Article 51A (a) states that it shall be the duty of every citizen of India to abide by the constitution and respect its ideals and institutions, the national flag and the national anthem. It is also the duty of every citizen of India to safeguard public property and to abjure violence. (See Article 51A(i)). Further the citizen of India is duty bound to strive towards excellence in all spheres of individual and collective activity so that nation consistently rises to higher levels of endeavour or achievement. (See Article 51A(j)). If the institutions created and established under the constitution of India include the judiciary, then, respect and regard for the judicial system is expected from citizens and when they claim to be public spirited.