IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (PIL) NO. 1009 of 2003 Nagar Palika Parishad, Jaspur ……Petitioner. Versus State of Uttaranchal and another. …Respondents. Present:- Mr. Atul Bansal, Advocate for the petitioner. Mr. Vinay Kumar, Standing Counsel for the State of Uttarakhand. Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Sudhanshu Dhulia, J. Barin Ghosh, C.J, (Oral) This writ petition was dismissed by an order of the Division Bench dated 3rd November, 2003. The Court by its said order did not want to interfere in the writ petition on the ground that the structure, demolition whereof is the main object of the writ petition, has already come up. While doing so, the Court observed as to under what provision, the concerned Secretary in the Government gave permission to put up the waiting room in front of Girls College without consulting Nagar Palika Parishad. The Court further observed that largesses cannot be distributed by M.L.A. without proper authority of law and no provision of law has been shown under which the Secretary concerned could give permission without consultation with the Nagar Palika Parishad. The petitioner went before the Hon’ble Supreme Court against the said order of this Court. The Hon’ble Supreme Court noting that the order of this Court contains contradiction, remitted back the matter after setting aside the said order of the Court. We have heard learned counsel for the petitioner and have considered the materials brought on record. It 2 appears that the petitioner filed the writ petition in the name of Nagar Palika Parishad, Jaspur, of which he was the Chairman. The construction in the instant case was a Waiting Room constructed on the land belonging to Nagar Palika Parishad, Jaspur. There is no dispute that Nagar Palika Parishad, Jaspur did not give permission to make the said construction. The constructed waiting room is situate opposite Government Girls Inter College and is situate on the way of the local Shamshan Ghat. However, the fact remains, to which there is no dispute, that Nagar Palika Parishad, Jaspur at its meeting held on 12th February, 2004 resolved not only to accept the said construction but also to honour Shri Shalendra Mohan Singhal, MLA at whose instance the said construction was made. In the said resolution, it was also resolved that the petitioner has not been authorised by Nagar Palika Parishad, Jaspur to represent Nagar Palika Parishad, Jaspur either in the said writ petition or in matters connected therewith. In other words, Nagar Palika Parishad gave a post facto sanction to the said construction. From the said state of affairs, it is clear that the petitioner in the name of Public Interest brought in political rivalry in between him and other members of Nagar Palika Parishad, Jaspur and the local MLA of Jaspur Shri Shalendra Mohan Singhal and thereby abused the process of this Court. Apart from contending that the said waiting room has been constructed opposite a Girls’ College and the same is situate on the way to the local Shamshan Ghat, no averment has been made in any part of the pleadings filed by the petitioner to highlight how the constructed waiting room will affect interest of the students going to the College or of their parents or of the people going to Shamshan Ghat except explaining that by reason of construction, the way to the 3 local Shamshan Ghat has become narrower. Despite the matter is pending since 2003, no other pubic interest against the said construction has been brought on record. The only legal point highlighted was non-approval of the construction by Nagar Palika Parishad, which as aforesaid, the said Nagar Palika Parisahd has accorded way back in 2004. The writ petition is accordingly dismissed with costs of `1,000/- to be deposited by the petitioner namely Sri Mohammad Umar Siddiqui with the High Court Legal Services Committee within a period of one month from today. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 28.3.2011 Rathour