Plea Filed To Settle Personal Score: Madhya Pradesh HC Dismisses PIL Against Shopping Complex Construction, Imposes ₹25K Cost On Litigant

The Indore Bench of Madhya Pradesh High Court dismissed a PIL against construction of a shopping complex after noting that the petitioner had misused the process of law by making "false and incorrect allegations" in order to "settle personal score". In doing so, the court also imposed a cost of Rs 25,000 on the petitioner. A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “We are of the view that the petitioner misused the process of law by filing the present petition and making false and incorrect allegations against the respondents. He ought to have file the photographs of old building and new complex along with the writ petition. The Panchayat is competent to pass proposal for construction of shopping complex in order to earn the revenue. There is no illegality in demolishing the old structure and constructing a shopping complex. The petitioner has unnecessarily given the negative publicity of this matter against the Panchayat has resulted into delay of sale of the shops.”The present petition was filed by an ex-sarpanch under Article 226 of the Constitution of India in the nature of Public Interest Litigation (PIL) challenging the construction of shopping complex at Gram Panchayat Chanwasa, Jila Panchayat – Mandsaur. According to the petitioner, within the territory of Gram Panchayat – Chandwasa, there was a Government Girls School building, which was very old. The Gram Panchayat illegally passed a resolution for demolition of the said school and construction of new shopping complex on the same land. It is alleged that the procedure prescribed under Section 65 of the Madhya Pradesh Raj Evam Gram Swaraj Adhiniyam, 1993 was not followed. Apart from petitioner, a Journalist has also filed a civil suit before the Civil Judge, Junior Division, Garoth seeking injunction against the demolition of the Girls School which is still pending. According to the petitioner, before raising construction of the shopping complex, no permission from Collector has been obtained by following the provisions of Madhya Pradesh Gram Sabha (Sammilan Ki Prakriya) Niyam, 2001.Respondents in their detailed reply have submitted that the old school building was in a dilapidated condition, therefore, a new building of Government Girls School has been constructed on another Government land. An Anganwadi Centre was also being operated on the said land but due to the dilapidated condition of the building, it was shifted. The school had already been shifted in the year July, 2006 and thereafter, a decision was taken to dismantle the old building. The State Government had issued a Circular in respect of implementation of district plan for 15 financial grant under which the Gram Panchayat constructed a shopping complex. The respondents have filed the photographs of old school building and from the photographs, it appeared that there was no option but to demolish the same as the same was of no use.The counsel for respondents 8/Sachiv and 9/Sarpanch submitted that the petitioner has done adverse publicity in the local area by instigating the locals to not purchase the shops by way of auction because of which the Panchayat is not getting the better proposal for sale of the shops on a higher price. He has produced such negative news posted on social media portals. The court observed, “In our considered opinion, no illegality has been committed by dismantling the old building and constructing the new shopping complex. It appears that the petitioner has filed the present PIL in order to settle his personal score with the Sarpanch and other office bearers.”Thus, the court dismissed the petition with a cost of Rs 25000 to be deposited by the petitioner in the account of Gram Panchayat – Chandwasa, Janpad Panchayat Mandsaur.Case Title: Shri Jitendra Singh Mandloi Versus The State Of Madhya Pradesh And Others, Writ Petition No. 6276 Of 2024Citation: 2025 LiveLaw (MP) 17Click Here To Read/Download Order

Plea Filed To Settle Personal Score: Madhya Pradesh HC Dismisses PIL Against Shopping Complex Construction, Imposes ₹25K Cost On Litigant

Anukriti Mishra

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