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TMI Blog2023 (1) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... A PIL on such an issue at the instance of an advocate practicing in this Court having no connection with the issue cannot be entertained especially when the affected persons are adequately well off to raise their personal cause in the appropriate judicial proceedings. So far as reliance of learned counsel for the petitioner in the matters of AHMEDABAD URBAN DEVELOPMENT AUTHORITY VERSUS SHARAD KUMAR JAYANTIKUMAR PASAWALLA AND OTHERS [ 1992 (5) TMI 175 - SUPREME COURT] , FEDERATION OF INDIAN MINERAL INDUSTRIES ORS. VERSUS UNION OF INDIA ANR. [ 2017 (10) TMI 1519 - SUPREME COURT] , these judgments relate to the issue of a levy without authority of law which is an issue on merit which can be raised by the effected parties in appropriate maintainable proceedings. Even if the rule of locus is relaxed in a PIL, yet the issue which is involved in the present petition cannot be permitted to be raised at the instance of a person totally unconnected with the issue and unaffected by the notification. The preliminary objection raised by the learned Advocate General is sustained and present public interest litigation is held to be not maintainable which is accordingly dismissed, howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any such charge can be levied only under the Customs Act and that the exporters are governed by the Customs Act and the State has no power to regulate the export. He has further submitted that the action of the State is in violation of Articles 366(29A), 265 and 246A of the Constitution of India and it also offends Articles 14 and 19(1)(g) of the Constitution. He has also submitted that the impugned notifications impinge foreign trade policy framed under Section 5 of the Foreign Trade and Development Act. His submission is that the levy is mandatory because any vehicle not paying the levy will be pushed back in queue and its movement will be impeded. In support of his submission, he has placed reliance upon the judgments of the Hon ble Supreme Court in the matter of Ahmedabad Urban Development Authority vs. Sharadkumar Jayantikumar Pasawalla and Others reported in (1992) 3 SCC 285, in the matter of Federation of Indian Mineral Industries and Others vs. Union of India and Another reported in (2017) 16 SCC 186 and in the matter of Asian Leather Limited Anr. vs. Kolkata Municipal Corporation Ors. reported in 2007 SCC OnLine Cal 268. 4. Learned Advocate General has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter of Kishore Samrite vs. State of Uttar Pradesh and Others reported in (2013) 2 SCC 398, considering the issue of locus in a habeas corpus petition, has held that: 48. Ordinarily, the party aggrieved by any order has the right to seek relief by questioning the legality, validity or correctness of that order. There could be cases where a person is not directly affected but has some personal stake in the outcome of a petition. In such cases, he may move the court as a guardian or next friend for and on behalf of the disabled aggrieved party. Normally, a total stranger would not act as next friend. In Simranjit Singh Mann v. Union of India, this Court held that (SCC p. 657, para 7) a total stranger to the trial commenced against the convicts, cannot be permitted to question the correctness of the conviction recorded against some convicts unless an aggrieved party is under some disability recognised by law, otherwise it would be unsafe or hazardous to allow a third party to question the decision against him. 49. In S.P. Gupta v. Union of India, the Court stated : (SCC p. 219, para 24) 24. But we must be careful to see that the member of the public, who a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... though they have no interest of the public or even of their own to protect. They indulge in the pastime of meddling with the judicial process either by force of habit or from improper motives. Often, they are actuated by a desire to win notoriety or cheap popularity; while the ulterior intent of some applicants in this category, may be no more than spoking the wheels of administration. The High Court should do well to reject the applications of such busybodies at the threshold. 51.2. R M Trust v. Koramangala Residents Vigilance Group: (SCC pp. 110-11, para 25) 25. In this connection reference may be made to a recent decision given by this Court in Dattaraj Nathuji Thaware v. State of Maharashtra in which Hon'ble Pasayat, J. has also observed as follows : (SCC p. 595, para 12) 12. Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest, an ugly private malice, vested interest and/or publicity-seeking is not lurking. It is to be used as an effective weapon in the armoury of law for delivering social justice to citize ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicial review found to their dismay that the poorest of the poor, the depraved (sic), the illiterate, the urban and rural unorganized labour sector, women, children, those handicapped by ignorance, indigence and illiteracy and other downtrodden persons have either no access to justice or had been denied justice. A new branch of proceedings known as social action litigation or public interest litigation was evolved with a view to render complete justice to the aforementioned classes of persons. It expanded its wings in course of time. The courts in pro bono publico granted relief to inmates of prisons, provided legal aid, directed speedy trials, maintenance of human dignity and covered several other areas. Representative actions, pro bono publico and test litigations were entertained in keeping with the current accent on justice to the common man and a necessary disincentive to those who wish to bypass real issues on merits by suspect reliance on peripheral procedural shortcomings. (See Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai.) 42. The Court in pro bono publico proceedings intervened when there had been callous neglect as a policy of State, a lack of probity in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns are adequately well off to raise their personal cause in the appropriate judicial proceedings. So far as reliance of learned counsel for the petitioner in the matters of Ahmedabad Urban Development Authority (supra), Federation of Indian Mineral Industries (supra) and Asian Leather Limited (supra) is concerned, these judgments relate to the issue of a levy without authority of law which is an issue on merit which can be raised by the effected parties in appropriate maintainable proceedings. Even if the rule of locus is relaxed in a PIL, yet the issue which is involved in the present petition cannot be permitted to be raised at the instance of a person totally unconnected with the issue and unaffected by the notification. Hence, the benefit of the order of this Court dated 28th of September, 2021 passed in WPA (P) 213 of 2021 in the case of Ambika Roy vs. The Hon ble Speaker, West Bengal Legislative Assembly and Ors. cannot be extended to the petitioner. Learned counsel for the petitioner has also placed reliance upon the judgment of the Hon ble Supreme Court in the matter of State of Uttaranchal vs. Balwant Singh Chaufal Others reported in (2010) 3 SCC 402 but in that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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