Can't File PIL For Developing A Particular Area As Tourist Place To Generate Employment; Purely A Policy Matter: Patna High Court

The Patna High Court has dismissed a petition seeking directions for development of Maa Chandika Sthan in Munger district, based on the project report prepared by the District Municipal Commissioner, and to initiate specific schemes and programmes for development of tourism in the area to generate employment opportunity and better livelihood conditions for people residing in the district.

Observing that it is State's responsibility to ensure that employment opportunities are made available for people across the state, the division bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed,

“We do not see any public interest involved in the above prayers except for seeking employment to the locals of a particular district; which the State Government has a responsibility to seek to ensure all over the State. However, this does not come in a day, or on judicial orders issued by us.”

While observing that development of any particular area as a tourist destination to facilitate local employment is purely a policy matter, the bench said that no individual could make such a claim in public interest.

“There could be no claim made by any individual on any public interest to develop a particular area as a tourist place and thus facilitate employment for the locals, which is a purely policy matter,” the bench said, it finds no reason to invoke the extraordinary remedy under Article 226 of the Constitution of India to consider the prayers sought for in the writ petition.

The petition was filed by Advocate Anshuman Shreya.

Case Title: Ms. Anshuman Shreya (Advocate) In person vs. The State of Bihar Civil Writ Jurisdiction Case No.1706 of 2023

Citation: 2023 LiveLaw (Pat) 58

Appearance :For the Petitioner/s : Mr. Anshuman Shreya ( In Person )For the Respondent/s : Mr. Kumar Priya Ranjan, Advocate

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