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Madhya Pradesh HC finds it appropriate to test the bona fide of the Petitioner in a PIL for removal of encroachment
Madhya Pradesh on Monday directed the petitioner on Monday to place the sanction plan of construction on record with no objection certificate from the appropriate authorities to ensure that the petitioner has not himself encroached on his property and that he is a law abiding citizen.
The PIL filed by the petitioner was instituted for eliminating encroachments made by the State within the prohibited areas of Adamgarh Rock Shelter situated near Hoshangabad, District Hoshangabad.
The Division Bench comprising of Chief Justice Ajay Kumar Mittal and Justice Vijay Kumar Shukhla before proceeding with the present case decided to test the bona fide of the petitioner stating:
“Before proceeding further, it is considered appropriate to test the bona fide of the petitioner and that he himself is law abiding citizen in as much as, the petitioner is directed to place on record the sanction plan of his construction, the construction raised by him and the no objection certificate issued by the appropriate Authority so that the Court may get it examined from the appropriate Authorities whether there is any encroachment made by the petitioner or not on his own property.”
The Court here has observed the ‘clean hands’ doctrine which requires the litigant to come with clean hands free of any mal-action or mal-intention to seek any relief. The same tenet has also been used increasingly in many PILs as a resort of preventing frivolous litigation and to ensure that the PIL is genuine and for public interest. PIL have been a means of several litigants and advocates to gain media attention or as a publicity stunt. It loses its essence of common welfare and collective good. The same was seen in the case of Dhakshanamoorthy v. The Commissioner in Madras HC.
The present matter has been listed for the next hearing on 27th November, 2019.
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