"Delhi High Court Dismisses NGO's PIL Challenging SARFAESI Act Based on Single ToI Report, Calls it 'Motivated'"
"The Delhi High Court, on May 18, rejected a public interest litigation (PIL) filed by NGO Justice for All that challenged provisions of the SARFAESI Act. The Bench, comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, criticized the NGO, stating that the PIL was motivated and frivolous. The court emphasized that while it acknowledges the importance of public interest litigation, it must prevent individuals with ulterior motives from wasting judicial time. The court also expressed concern over the NGO relying solely on a single report from Times of India to support its claims. The report cited a case where a school premises was taken over by a bank due to loan default. The High Court highlighted that the petitioner failed to provide sufficient evidence to support allegations of systemic abuse of the SARFAESI Act by banks. Moreover, the court noted that the issue related to the impact on the right to education of school children was already being addressed in separate proceedings before another bench of the court. The court concluded that the petitioner had alternative remedies available, such as approaching a Debts Recovery Tribunal, and therefore dismissed the PIL."
The Delhi High Court firmly dismissed the allegations made in a plea regarding the misuse of land use provisions. The court found the petitioner's claims to be unsubstantiated and lacking supporting evidence.
Advocates Khagesh B Jha and Shikha Sharma Bagga represented the petitioner, while advocates Pramod Gupta and Pranjal appeared on behalf of the school. Advocates Sanjay Katyal and Nihal Singh represented the Delhi Development Authority, while Advocate Santosh Kumar Rout appeared for Punjab National Bank. Advocates Santosh Kumar Tripathi, Arun Panwar, Mahak Rankawat, Pradyumn Rao, Aakriti Mishra, and Kartik Sharma appeared for the Delhi government. Advocates Yeeshu Jain, Jyoti Tyagi, and Manisha represented the Reserve Bank of India, and advocates Anurag Ahluwalia, Abhigyan Siddhant, and Rohit Kumar appeared for the Central government.
Consequently, the court declined to entertain the PIL, emphasizing the lack of veracity in the petitioner's allegations.
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TAGS: Delhi High Court NGO PIL SARFAESI Act Times of India report criticism motivated frivolous land misuse dismissal unsubstantiated lack of evidence advocates plea.
