NT Reporter
Panaji
The High Court of Bombay at Goa has dismissed a public interest litigation (PIL) filed by Advino Fernandes and another petitioner, citing lack of bona fides and inordinate delay in filing the plea.
The petition had raised objections to the alleged illegal construction of a commercial building, claiming violations of the Code of Comunidade, the Goa (Regulation of Land Development and Building Construction) Act, 2008, and the Goa Land Development and Building Construction Regulations, 2010.
The Court observed that it is a well-established principle laid down by the Supreme Court and other Constitutional Courts that the norms of locus standi in PILs cannot be diluted to accommodate
petitions driven by oblique motives.
“It has been repeatedly noted that litigation is often misused for vested interests, and when we tested the bona fides of the petitioners in the present case, we found them completely lacking,” the Court said.
The Court also noted that while the law of limitation does not strictly apply to writ petitions, they must be filed within a reasonable time frame. In this case, the commercial project in question had commenced long ago and was completed in 2024 after obtaining all requisite permissions. The PIL, however, was filed only on January 22, 2025.
“We refuse to entertain the grievance in the petition as it suffers from inadmissible delay, for which no explanation is at all offered,” the Court ruled.
The petitioners had further alleged that the building lacked the required setbacks, which would affect parking provisions, especially given the commercial nature of the premises. However, the Court, finding no merit or timely justification in the plea, permitted the petition to be withdrawn.
