fi SerialNo.ofOrder rDate,ot``order Order with Signature Office Note as toaction(ifany)takenonOrder 02.I 125.o3.2oo8II Present: Mr. Devendra Singh and Mr. Jorgay Namka, Advocates for t:he Pet:itioner. Mr. J. 8. Pradhan, Government Advocate for th§ State-Respondents. Mr. Karma Thinlay, Central Government . Standing counsel forthe union of lndia. This is a Public Interest Litigation and it is coming up for the first time for admission without notice to any of the respondents. The writ petitioner is not a member of any political party and is only a self-proclaimed social worker who is suing in his own name. The first prayer in the writ petition is t:o get leave to move t:he present writ petition in a representat:ive capacity for the entire body of the local people, i.e., the people of North Sikkim. The writ petitioner would have himself appointed as the local leader by the Court:. Thereafter prayers centre around the building of a Teesta dam in t:he Northern dist:rict of Sikkim for t:he purpose..of generat:ion of electricity through a Hydro Electric Project. _-i- , I E\ Serial I `} Date a Order with Signature Office Note as to No. of 1of action (if any) Order order taken on Order II)\II((II \iII1)iI This project has generated other litigation also and it is only now in 2005-2008 that something has started after t:here were futile att:empt:s in the past to st:art the project; there have been at least two abortive att:empts at agreements with third parties to . start the project for the Government in Northern Sikkim. Decades had passed thereby. The writ petition does not give any picture as on date of what is happening in Northern Sikkim in regard to this pro].ect. This Court has heard submissions in that regard in at least one other writ petition; but the Court should not normally import the informat:ion obtained in other litigation to a separate litigation like the present. One of t:he main prayers of the writ petit:ion is for the Court to supervise the timely implementation of the present agreement which the State Government has entered into. For this purpose the writ petitioner must bring before the Court sufficient facts which .will compel the Court t:o take up the mat:ter itself. These facts must include proof of a complete standstill situation and an absolutely unfair I Serial L, Dat£ Order with Signature Office Note as to No. of of action (if any) Order" Order taken on Order I I I)II II1I1\\1II I attit:ude of the State Government in not proceeding with the agreement, although there is absolut:e reason for not go.ing on with it, or implementing it in practice. Tha writ petition contains no particular . allegations and no details at all in t:his regard. Although Public Interest Litigation might have produced some good, in the present day the Courts, especially the Chief Justices' Courts in different States, are flooded wit:h attempts at Public Interest Litigation being initiated by numerous persons. For the purpose of protecting itself, the Courts have now evolved the inflexible principle that a Public Interest Litigation shall not be entertained by it, unless it feels that it cannot but: entertain it. The writ petitioner comes nowhere near this I11 mark in satisfying the present stringent tests. The verificat:ion of the writ petition is 11 absolutely reckless. Paragraphs 1 to 27, which are (II I the main paragraphs, are verified as true t:o knowledge and the records of the case; since t:he 1 I1', records of the case are only the writ pet:it:ion until I, Ill-i: Serial Date , Order with Signature Office Note as to No. of of action (if any) Order Order taken on Order ( now, it means that the ent:ire verification is true to the writ petitioner's knowledge. )i AIlegations are made like, say, in paragraph 9.1, where it is said t:hat respondent No.8 got comp,ensation ``of over Rs.40 lakhs in his own name" for acquisition of land made in t:he dam site. It is said t:hereaft:er t:hat his father and his brother "apparently received over Rs.60 lakhs each as compensation." How t:he writ petitioner should come to know of all these alleged payments, is impossible for the Court t:o make out. The learned counsel for the writ pet:itioner who made valiant att:empts, placed all important parts of the writ petition, but through no fault of his, t:he Court could not become any wiser. If reckless allegations of this type are made by the writ petit:ioner, he might, have to face prosecution in t:he future. The prayers in the writ petition make extremely interesting reading and those certainly lighten somewhat t:he usual grim and somber atmosphere of t:he writ court. The writ petitioner No. of Order Order with Signature Off ice Note as to action (if any) taken on Order asks for employment and rehabilit:at:ion of local people; overseeing by the Court of various milestones fixed i.n the governmental pro].ect of dam building in Nort:h Sikkim; for the Court to see to it that facilities and benefits are given to villagers on the basis of mutually agreed plans; that the Court proceed t:o arrest leaders and institute civil and criminal proceedings against all t:hose who agitated against the dam project (Affected Citizens of Teesta, ACT); for the Court to see t:o it that residents of the Dzongu protected area get unlimited free power for domestic use; that they be granted free medical \ facilities; that educational facilities are given to their children; that one student is granted scholarship from each village; that the const:ruction make use of Lepcha Architecture; t:hat there is monitoring of the release of water during lean season (although the dam is not yet constructed); t:hat grocery items as well as fuel should be purchased from the local people. If writ petitions of this t:ype are entertained, t:he Courts will have no time left for proper litigation. I ) )