NGO asked to pay Rs 5 lakhs for frivolous plea

New Delhi: Taking a serious view of frivolous appeals without bona fides the Supreme Court on Friday slapped Rs 5 lakhs costs on an NGO challenging the grant of land to a charitable foundation for setting up of a medical college in Bhopal district. A bench of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud dismissed a special leave petition filed by Parishram Samaj Evam Kalyan Samiti against a order of the Madhya Pradesh high court at Jhabalpur in July 2016 rejecting the PIL.

The CJI told senior counsel V. Giri, appearing for the appellant, that this is a SLP which is bereft of bonafides. “The land was allotted in 2008, there is a medical college and a 750-bed hospital set up in 2011 at a cost of Rs 130 crores. Government wants private parties to build hospitals as there is shortage of hospital beds. You file the present petition in the high court in 2012. We can’t allow this. This SLP is bereft of bonafides. We dismiss the SLP with Rs 5 lakhs costs.”  

Mr Giri argued that the land in question was a part and parcel of the lake and it was within the catchment area of a lake and the construction of the college was illegal and there environment violation.  

The SLP said this public interest litigation has been filed by the petitioner society against granting lease of land bearing khasra No.71, 73 and 76 situate at village Bhainsakhedi, district Bhopal on 30.08.2008 in favour of Chuirayu Charitable Foundation Society. It said there were number of trees on the land planted by the Forest Department. Hence, the land was not eligible for allotment. The change of use of the land from agriculture to public semi public purpose under the provisions of the Act of 1973 is also illegal, the appellant said and prayed for quashing the High Court judgment and an interim stay of  its operation.