The Gujarat High Court has levied a fine of ₹7 lakh on a litigant who failed to actively pursue his public interest litigation (PIL) for seven years.

Dismissing the PIL with costs, the bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee sternly stated, “When you are filing a PIL, have some kind of responsibility, and accountability. It is not that you file a PIL and then you start dealing with the people. And if you succeed then withdraw it. If you don't succeed, then you pursue it. Don't make it as a tool for your own personal issues.”

The PIL concerned allocation of mineral-rich land to a private entity for industrial purposes in 2015, alleged by the petitioner to be in violation of the State's policy. The court noted that the PIL, which was initiated in 2017, faced prolonged delays without significant advancement.

At the outset itself, CJ Agarwal pointed “You have never pursued the matter. This was filed by you in the year 2017 and after that you took adjournment repeatedly. There is no order, not a single date you have argued the matter.”

The counsel urged the court to consider the additional prayers, but the CJ interrupted, stating that these were sufficient grounds to dismiss the PIL. The CJ added, "And on the last occasion also it was adjourned on your sick note. So then it is clear that you're just here with another motive."

The CJ continued, "Why would we initiate an enquiry at your instance when for 9 years you kept mum? After filing this PIL you did not pursue it. You filed this PIL after 2 years of the order. Then did not pursue it for 7 years. So, for 9 years you did not pursue it...For 9 years the industry has been set up. The situation on the spot has been completely changed...Now after 9 years can we put the clock back? Can we put the situation on the spot back? Can we restore the original position of the land? So then it becomes an all academic issue, Mr. counsel. After 9 years it's now academic,” she added.

While imposing the costs, the CJ remarked, “You deserve this. So for each year 1 lakh. For 9 years you have kept this matter pending. For 7 years to this court. When you are utilizing the machinery of this court, you are not only utilizing the judicial time of the court. You are utilizing the energy of the staff of the court who are otherwise placed for other important matters and urgent matters...7 lakhs for 7 years. Atleast. For 7 years you were in High Court - 7 lakhs. One year per year.”

LL Citation: 2024 LiveLaw (Guj) 6