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Synopsis

On Wednesday, the Bombay High Court while hearing the BJP Leader Kirit Somaiya's PIL against Uddhav Thackeray stated that petitions for highlighting irregularities cannot be entertained by the court.

“A petition for academic purposes without there being a cause cannot be entertained. If somebody commits an act then the consequences are he should be prosecuted. Merely, for highlighting irregularities petition cannot be entertained,” the court said.

The division bench of the high court, led by Chief Justice Devendra Upadhyaya and Justice Arif Doctor was hearing a Public Interest Litigation (PIL) filed by BJP Leader Kirit Somaiya.

The PIL alleged that former Chief Minister of Maharashtra, Uddhav Thackeray, his family, and UBT MLA Ravindra Waikar had constructed bungalows in a forest area in Alibaug in violation of the Coastal Regulation Zone.

Somaiya claimed that Thackeray and his family colluded with Gram Panchayat authorities, forged revenue records, and built the bungalow in the forest area.

Somaiya alleged that obtaining permission from the Central Government is mandatory for any construction on forest land, a requirement that was not fulfilled in this case.

Additionally, he asserted that Thackeray and his family had paid property and municipal taxes from 2008. However, during an inquiry, all the taxes paid were inexplicably reversed.

Somaiya further claimed that the Gram Panchayat passed a resolution falsely stating that there were no constructions on the said land.

Senior Advocate Rajeev Kumar, representing Somaiya, emphasized that they were seeking relief against the authorities involved. He argued that, as a citizen, Somaiya has the right to know and question such matters.

“Somebody has to answer and someone should be responsible. You can't say the petition is bogus. This petitioner has filed several petitions. The court must know what is happening. I as a citizen have the right to know.  I may not be from his constituency but I can know what are the credentials,” Kumar said.

Kumar then urged the court to direct the State Government to file a reply and clarify whether any wrongdoing had occurred on the part of the authorities. He said that follow-up actions against the respondents would depend on the information provided. The bench responded and said,

“You come to court for grievance not to highlight something. According to you the respondent has done something then you try to cure or prosecute. No petition can be entertained only for highlighting the issue,” the court said.

The division bench further noted that Somaiya was primarily highlighting the irregularities and not explicitly seeking prosecution against the wrongdoings.

“There are consequences for illegality. Courts are not there to bring out the truth just for the sake of bringing out the truth. There has to be a cause. That’s why we call it cause of action,” the court said.

The bench then posted the matter for hearing in the second week of January.

Case title: Dr Kirit Jayantilal Somaiya vs Uddhav Thackeray & Ors