The Supreme Court dismissed a Public Interest Litigation filed by proprietors of landed property seeking a direction to prevent earth excavation by the State. The Court held that the grievance was personal in nature, barring the maintenance of a PIL.
Liberty to raise the grievance in appropriate proceedings in accordance with law.
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December 14, 2021 Item No.17 Court No.1 SG/s.biswas
WPA (P) 330 of 2021
Gouranga Maity and others
vs.
The State of West Bengal and others
(Through Video Conference)
Mr. Satadal Sovan Halder, Advocate
..for the Petitioners
Mr. Anirban Ray, ld. Govt. Pleader Mr. T. M. Siddiqui, Mr. Nilotpal Chatterjee, Advocates
..for the State
This public interest litigation has been filed by the petitioners seeking a direction to the respondent Nos.5 and 6 not to dig earth from the petitioners’ raiyati landed property.
The petitioners have filed the petition pleading that they are the recorded owners in possession of the landed property described in paragraph 2 of the petition and that the respondent Nos.5 and 6 have called the tenders for excavating earth from the Khirai Boxi Khal by engaging the contractors and they are illegally digging earth from the petitioners’ land.
The grievance which is raised by the petitioners in this PIL is of personal nature. Therefore, a public interest litigation cannot be maintained for personal cause.
Hence, this petition is dismissed with liberty to the petitioners to raise the grievance in appropriate proceedings in accordance with law.
[Prakash Shrivastava, C.J.]
[Rajarshi Bharadwaj, J.]
1 issue framed by the court
Whether a public interest litigation can be maintained when the grievance raised is of personal nature.
Gouranga Maity and others
The State of West Bengal and others
Prakash Shrivastava
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
