LexPRAGATI MAHILA MANDAL, NANDED versus MUNICIPAL COUNCIL, NANDED AND ORS.
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[2011] 2 S.C.R. 985 PRAGATI MAHILA MANDAL, NANDED v. MUNICIPAL COUNCIL, NANDED AND ORS. (Civil Appeal No.2619 of 2002) FEBRUARY 18, 2011 [DALVEER _BHANDARI AND DEEPAK VERMA, JJ.] A B Municipalities: Allotment of land - Plot shown and included in development plan for public and semi public purpose - Appel/ant-charitable trust allotted a plot of land on C · 60 years lease for starting a school for providing education especially for girls - However, for want of money and financial crunch, the school for which the land was initially acquired by the appellant could not be started and the appellant started hostel for girls and working women - Writ petition in the nature 0 of pro bona publico challenging the allotment of land to the appellant - High Court set aside the allotment of land - On appeal, held: It is a matter of common knowledge that girls and women face lot of problems and difficulties in finding a suitable and safe accommodation when they go out of their E own· cities, to their respective schools or colleges or work-place - If a hostel is constructed for girls and working women, then it is definitely for public or semi public purpose and it cannot be said that there is any deviation from the purposes for which the said plot was earmarked and allotted to the appellant - F Appellant was running thf3 hostel on no profit-no loss basis and had taken the initiative of introducing progressive elements (through the establishment of counselling centres), in its efforts to alleviate some primary concerns of most working women - Thus, order passed by the High Court was G not sustainable - Maharashtra Municipalities (Trqnsfer of Immovable property) Rules, 1983 - r.21. Public Interest Litigation: 985 H 986 SUPREME COURT REPORTS [2011) 2 S.C.R. A Death of sole petitioner - Effect on continuance of PIL - Held: Although a matter cannot be allowed to be prosecuted for and on behalf of a dead person or against a dead party but a Public Interest Litigation, which generally raises an issue of general public importance, should not be allowed to be B withdrawn or dismissed on technical grounds, if cognizance thereof has already been taken by the court. Concept of, and importance of - Held: The concept of Public Interest Litigation was introduced to help a person or class of persons whose legal and constitutional rights are C violated - It means a legal action initiated in court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected - A person or the society could espouse a common D grievance by filing a petition under Article 226 of the Constitution in the High Court or under Article 32 of the Constitution in the Supreme Court - Constitution of India, 1950 - Articles 226, 32. E Procedure to be adopted while entertaining PIL - Held: Courts entertaining PIL enjoy a degree of flexibility unknown to the trial of traditional court litigation but the procedure to be adopted by it should be known to the judicial tenets and adhere to established principles of a judicial procedure F employed in every judicial proceedings which constitute the basic infrastructure along whose channels flows the power of the court in the process of adjudication - However, minor deviations are permissible in order to do complete justice between the parties. G Constitution of India, 1950: Article 226 - Applicability of provisions of CPC to petitions filed u!Article 226 - Held: s.14.1, CPC creates a bar of applicability of the provisions of the CPC to petitions filed H under Article 226 of the Constitution - Explanation to s.141, PRAGATI MAHILA MANDAL, NANDED v. MUNICIPAL 987 COUNCIL, NANDED CPC which has been added in the CPC with effect from A 1.2.1977 makes it clear that the provisions of CPC do not speoifically apply to the proceedings under Article 226 - Code of Civil Procedure, 1908 - s.141 Article 226 - PIL - Death of sole petitioner - Right to 8 pursue the remedy in the absence of any person on record representing the deceaseq writ petitioner - Various options that can be exercised by the court in such situation - Discussed. The appellant was a charitable trust. It made a C request to respondent no.1-muncipal council for - allotment of a plot for starting a school for providing - education especially for girls. The
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