“Prima facie sponsored”: SC On Plea Against Construction Near Rajaji National Park

Justice B R Gavai and Justice K V Viswanathan made the observation after the Uttarakhand government counsel said an inspection was conducted and the land in question was found to be private property.

"Prima facie, it appears to be a sponsored petition," the bench observed.

The state's counsel said the applicant had filed complaints alleging illegal construction and the authorities constituted a committee for the inspection to ascertain facts.

He said it was found to be a private land where a "prakritik chikitsa kendra" or naturopathy centre was being run and porta cabin cottages were being built.

The applicant's counsel however claimed large-scale illegal construction near the national park aside from felling of a number of trees.

The state's counsel argued the applicant hadn't even arrayed the land owner as a party respondent in the plea following which the bench, which agreed to examine the matter, asked the applicant to implead the owner of the land as a respondent.

The court also asked him to supply a copy of the application to the advocate assisting the apex court as an amicus curiae in the matter and posted the hearing after three weeks.

When the applicant's counsel urged a status quo should be ordered in the meantime, the bench said if the construction was found to be in violation of any law or directions issued by the apex court, it might order its demolition.

"If no violation is found, we may dismiss it (application) with a cost of Rs 10 lakh," the bench observed, adding nobody could be allowed to misuse the Apex Court's jurisdiction.

With PTI Inputs