PIL against ministry and government
Dushyant Pandya
(Querist) 19 January 2011
This query is : Resolved
Virgin lands, lying in isolating remote area in X state and same were allotted on lease basis by Government Authority for 30 year. Accordingly, lessees have developed the same by great efforts and investments.
Now, after almost 35 years, PIL was filed in the high court of some Y state stating that concern government authority had allotted at cheap rate and favored some parties. Petitioner till date neither joined lessees as respondent in petition nor invited them. In such circumstances, are lessees have any other way to protect their interest?
Should lessee approach any other authority under any law to protect their interest?
Please advice.
Parveen Kr. Aggarwal
(Expert) 19 January 2011
The High Court at Y State does not have jurisdiction with regard to the property situated out of the territory of Y State.
But if the lessees are interested in protecting their interests they can approach the High Court and get themselves impleaded as parties and file their Reply inter alia taking the plea of jurisdiction.
Dushyant Pandya
(Querist) 20 January 2011
Concerned Ministry and Government Department, whom are respondents in the said PIL; have already raised issues regarding jurisdiction. But petitioner replied that the present PIL is completely different kind of nature and therefore present High Court has jurisdiction.
Hon’ble High Court situated in Y state has accepted the said argument and overview the jurisdiction issue.
Please advice, if any.
Parveen Kr. Aggarwal
(Expert) 20 January 2011
If the High Court has accepted the argument of the respondents regarding jurisdiction then you need not worry.
Dushyant Pandya
(Querist) 20 January 2011
Sirji,
But, that is completely illegal and ultra various to the law of jurisdiction.
