Public interest can’t be cloak for personal grievances: HC

AhmadJunaidJ&KAugust 13, 2025363 Views


Srinagar, Aug 13: The High Court of J&K and Ladakh on Wednesday held that “public interest cannot be a cloak for personal grievances or speculative apprehensions”.

The bench of Justice Wasim Sadiq Nargal said this while dismissing a plea that had challenged J&K Special Tribunal’s order compounding a “minor deviation” in the construction of a structure at Hyderpora Airport Road on the outskirts of the city. The aggrieved petitioner had challenged an order passed by the Special Tribunal on May 29, 2024, in an appeal related to deviation in construction, which was “minor in nature and duly compounded under the applicable byelaws,” according to the authorities.

“The petitioner, who does not appear to be an immediate neighbour or directly affected party, has failed to disclose any specific or substantial legal injury caused to him on account of the deviation or its regularisation,” the bench said.

It stated that the court noted that every citizen has the right to ensure lawful construction and compliance with building norms. This right must be exercised bona fide and supported by cogent material demonstrating illegality or arbitrariness.

“Mere dissatisfaction with the actions of a statutory authority, in the absence of any demonstrable illegality or infringement of rights, cannot form the basis for invoking the extraordinary writ jurisdiction of this court,” it said.

The court pointed out that, on a plain reading, the petition appeared to be an attempt to assail a minor deviation that had since been compounded by the law.

The bench underscored that courts are not expected to sit in appeal over administrative or technical decisions of statutory authorities taken in bona fide exercise of their powers unless such actions are ex facie arbitrary, perverse, or contrary to law.

“No such case has been made out in the present matter,” it said.

About the issue of locus standi, the court observed that the petitioner had not been able to demonstrate any specific legal injury or direct prejudice caused to him.

“Public interest cannot be a cloak for personal grievances or speculative apprehensions,” the court said and dismissed the plea that had challenged the Special Tribunal’s order compounding the “minor deviation” in the construction.

 

 

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