CUTTACK: The Orissa high court on Wednesday dismissed a PIL on the issue of execution of own orders by Odisha Real Estate Regulatory Authority (ORERA) and imposed a fine of Rs 2,000 on the petitioner, terming it a “private interest litigation”.
The two-judge bench of Chief Justice Chakradhari Sharan Singh and Justice Sibo Sankar Mishra said, “It is apparent from what has been disclosed from the proceedings is that the writ application filed in the nature of a public interest litigation is thoroughly misconceived and is an abuse of the process of the court.”
“It is manifestly in the nature of private interest litigation. The petitioner has his own interest,” the bench observed.
Bimalendu Pradhan, a resident of Bhubaneswar, filed the petition. According to the order, the petitioner had booked a flat constructed by a real estate firm in Bhubaneswar.
Raising a grievance against the builder the petitioner had approached ORERA. The authority directed the builder on June 12, 2018, to complete the apartment and handover possession within two months and to pay interest for the delay.
“Surprisingly, the petitioner has not made any effort as regards in his own case, according to counsel for the petitioner, but he has collected information regarding non-execution of the orders passed by the ORERA under the Right to Information Act,” the bench observed, adding, “The conduct of the petitioner in the court’s opinion deserves to be deprecated and is accordingly deprecated.”
