Orissa High Court Imposes Fine for Misuse of Public Interest Litigation
The Orissa High Court has come down heavily on the misuse of public interest litigation (PIL) once again, dismissing a plea concerning an alleged village forest land in Kendrapada district as "a mere fancy litigation" and imposing a fine of Rs 10,000 on the petitioners.
Court Condemns Personal Score-Settling Under PIL Guise
A division bench comprising Chief Justice Harish Tandon and Justice M S Raman, in their April 15 order, stated that the case represented a clear instance of "settling personal scores in the garb of a Public Interest Litigation." The judges emphasized that PIL cannot be permitted to be misused as a tool for personal vendettas but must genuinely serve larger public interest.
The bench also expressed concern over a growing trend of group petitions being filed in the name of villagers without demonstrating authentic public interest, cautioning against such practices that undermine the sanctity of PIL mechanisms.
Background of the Kendrapada Land Dispute
The PIL was filed by five individuals claiming to be villagers, challenging the recording of land—allegedly Gram Jungle (village forest)—in a private person's name in 1998 under Mahakalpada tehsil. The court noted that despite proceedings initiated under the Odisha Survey and Settlement Act, 1958, there had been "complete silence" for decades until a recent agreement for sale brought the dispute back into focus.
Additional government advocate Debashis Tripathy represented the state in the proceedings. The web copy of the order was released on Friday, bringing the court's strong stance to public attention.
Court's Scrutiny of Petitioners' Actions
Examining the sequence of events, the bench observed that the petitioners had already sought information under the Right to Information Act, 2005, and received replies from authorities. However, instead of pursuing remedies available under existing statutes, they approached the court through a PIL to "achieve the goal indirectly which cannot be achieved directly."
"This appears to us a mere fancy litigation than raising and/or flagging the cause concerning the public at large," the bench remarked, highlighting the petitioners' failure to demonstrate genuine public interest.
Legal Clarifications and Directions
Clarifying the legal position, the bench observed, "Whether the entry in the Record of Right ... is correctly made or not can further be gone into under Section 32 of the said Act ... which cannot be settled under the fiat of a Public Interest Litigation." The court added, "There is no hesitation in our mind that the petitioners wanted to correct the entry ... taking recourse to a Public Interest Litigation when there is an express provision provided in the Odisha Survey and Settlement Act, 1958."
Consequently, the court dismissed the petition and directed the petitioners to deposit a fine of Rs 10,000 before the member secretary, Odisha State Legal Services Authority (Juvenile Justice Fund), Cuttack, within two weeks. The court specified that the amount should be utilized for the welfare of children in need of care and protection, with provisions for recovery according to law if the fine is not paid.
This ruling reinforces the judiciary's commitment to preventing abuse of PIL mechanisms and ensuring that legal avenues are used appropriately for genuine public interest matters.
