MP HC Imposes Cost On Petitioner For Filing PIL Against Development Activities [Read Order]

The Madhya Pradesh High Court has imposed cost of Rs. 15,000 on a petitioner for abusing the process of law by filing a PIL that is “destructive to the development activities”.

The court dismissed the PIL that opposed the railway’s move to have a new railway station at Newargaon in naxalite affected area of Balaghat district on Jabalpur – Balaghat rail route by closing the old railway station at Charegaon.

Newargaon is 1.5 kilometers far from the century-old railway station at Charegaon.

The work to convert narrow gauge into broad gauge railway route from Jabalpur to Balaghat is underway.

The petitioner contended construction of broad gauge railway tracks replacing the narrow gauge tracks is against the promise communicated by the general manager on 21.12.2015.

Also the petitioner argued following the gauge conversion work all the railway stations falling on this route were upgraded except the Charegaon station.

A division bench comprising Chief Justice Hemant Gupta and Justice Sujoy Paul said “the argument that the railway track passing through the naxalite affected area is again not tenable as it would only mean that developmental activity are being undertaken in such area so as to provide access to growth to the poor people who have resorted to the naxalism on account of their economic conditions”.

“Whether a railway track should be upgraded to a Broad-Gauge and the route which it should follow is a decision of the experts”, the court observed.

The court found the railways attempted to retain the existing railway station but “if the existing railway station cannot be maintained, there cannot be any estopple against the railways from constructing the railway station at a different place”.

The court said “we find that the present petition is wholly an act of abuse of process of law” and “to be destructive of the development activities”.

Read the order here.