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Synopsis

The Allahabad High Court recently imposed a cost of Rs 50,000 while dismissing a Public Interest Litigation (PIL) plea. Court noted that the the petitioner had been making repeated attempts to raise the issue which already stood concluded.

The division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar was dealing with the PIL filed by Bhartiya Kisan Union Pathik through its National Chairman. The petitioner sought several reliefs in relation to the acquisition of land vide Gazette Notification dated October 25, 2010, under the provisions of the Land Acquisition Act, 1894. 

The counsel for the respondent informed the court that this was the fourth petition in a row filed purportedly in the public interest. He submitted that the earlier three petitions concerning the same land and project had been rejected by the high court.

The high court noted that by an order dated February 1, 2024, the petitioner, a registered Union, was directed to produce its registration certificate and list of members, however, the petitioner did not provide the same. 

Further, court highlighted that it was apparent that despite the dismissal of several petitions on the subject matter of the present writ petition, another attempt by forming a new Union had been made for the same purpose, and at least one of the previous petitioners was involved in the said activity.

The repeated attempt on the part of the petitioner to raise the issue which already stood concluded by filing petitions in one form or the other in the name of Public Interest Litigation cannot be countenanced under any circumstance, the division bench held. 

Court said that the attempts made by the petitioner essentially amounted to manipulation and an attempt to mislead the court. It held that this action of the petitioner deserved to be dealt with heavy hand.

In view thereof, court dismissed the petition with a heafty cost. 

Case title: Bhartiya Kisan Union Pathik v. State of U.P. And 4 others