‘PIL not for settling personal scores’: Orissa High Court slaps Rs 50,000 fine on petitioner

The petitioner alleged that the Kalyan Mandap (marriage hall) was constructed on a a private land. (Image generated using AI)

Observing that the case was a classical example where a Public Interest Litigation (PIL) was misused and abused by a person for settling his personal score, the Orissa High Court recently dismissed a public interest litigation challenging the construction of a Kalyan Mandap (marriage hall) on private land, saying that PIL jurisdiction cannot be used by a third party with no right, title or interest in the property to settle a personal dispute.

A bench comprising Chief Justice Harish Tandon and Justice Chittaranjan Dash on September 10 said the case was a “classical example” of the misuse and abuse of PIL proceedings for settling a personal score and imposed costs of Rs 50,000 on the petitioner.

“This is one of the classical examples where the remedy in the nature of a Public Interest Litigation (PIL) is misused and abused by a person for settling his personal score,” the order read.

Chief Justice Harish Tandon and Justice Chittaranjan Dash imposed Rs 50,000 costs on the petitioner.

Plea dismissed with costs

The petitioner had questioned the construction of the Kalyan Mandap on the land. The court noted that the Kalyan Mandap had been constructed by the authorities on private land and that the petitioner was admittedly neither the owner, occupier nor settlee of the property.

Importantly, the court said, the owner of the land had not raised any objection to the construction. “The owner of the said land has not raised any objection, yet a third party having no right in respect of the said land is misusing the fiat of Public Interest Litigation,” it said.

The bench observed that the right to property is a constitutional right protected under Article 300-A of the Constitution and that the owner has the right to protect and deal with their property. Article 300-A of the Constitution provides that no person shall be deprived of his property save by authority of law. It said that a third person who does not have a right, title and interest in respect of the said property cannot use the tool of PIL for such a purpose.

“A third person who has no semblance of right, title and interest in respect of the said property cannot use the tool of Public Interest Litigation and invite the attention of the Court that the Kalyan Mandap cannot be constructed there”, it said.

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The additional government advocate told the court that the construction had been carried out after obtaining a no-objection from the owner. The court held that the petitioner had no locus standi to maintain the PIL as there was no infringement of any fundamental right or constitutional right arising under Article 300-A.

“A third party raising a concern which impedes the right to property enjoyed by the rightful owner, such frivolous Public Interest Litigation deserves dismissal with exemplary costs,” the court said.

The court thus dismissed the plea with costs of Rs 50,000, to be deposited with the Odisha State Legal Services Authority within two weeks from the date of this order. The court directed that, once deposited, the money be kept in the account earmarked for juveniles.

“The Petition is dismissed with costs of Rs 50,000, to be deposited with the Odisha State Legal Services Authority within two weeks from the date of this order. In the event the said deposit is made, the same shall be kept in the account earmarked for Juveniles,” the order read.

Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More