DAULAT SINGH CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition was heard and reserved for orders on the question of admission/maintainability of the Public Interest Litigation on 12/08/2021.

(2.) The Neemuch Town Improvement Trust floated scheme No.36- A & B and reserved for construction of hospital. The Respondent No.4 submitted an application for lease of plot No.1049 for the purpose of construction of hospital. In turn, by order dated 19/07/1993 respondent No.4 allotted said plot for construction of nursing home. Respondent No.4 preferred several representations to the Improvement Trust to relocate and shift the High Tension Line of electricity over the said plot because of which construction of hospital was not possible. After considerable long time on 16/09/2010, the CMO, Neemuch informed respondent No.4 that High Tension Line aforesaid has been relocated. By Resolution dated 07/04/2011 (Annexure P/4), the respondent No.3 cancelled the lease given in favour of Respondent No.4 due to alleged violation of terms and conditions of lease. The respondent No.4 assailed it before respondent No.2 under the provisions of MP Municipalities Act, 1961. By order dated 04/10/2018 (Annexure P/10), the Respondent No.2 set aside the Resolution dated 07/04/2011. This order dated 04/10/2018 (Annexure P/10) is called in question by the petitioners in this PIL.

(3.) The objection of the respondents is that this Public Interest Litigation (PIL) is filed by two persons, one claims herself to be a social worker, whereas the other person (petitioner No.1) claims himself to be an advocate/social worker. By placing reliance on various judgments of Supreme Court and this Court, it is a common ground taken by Shri Sunil Jain and Shri Amit Agrawal, learned Senior Counsel and Shri Pushyamitra Bhargava, learned Additional Advocate General that the petitioners have no locus standi to file this petition. At the behest of the petitioners, this PIL cannot be entertained.