Gujarat High Court Rejects PIL By Rajkot Resident Claiming Illegal Construction Of Multiplex Cinema Hall In Porbandar

The Gujarat High Court on Friday (September 19) dismissed a PIL moved by a resident of Rajkot claiming illegal construction of Multiplex Cinema Hall in Porbandar district, after noting that the litigant had not been able to establish his credentials.

The court further noted that there was no material in the plea, other than newspaper reports, to show how the petitioner found that the construction was illegal.

It added that as the petitioner was a resident of Rajkot, there is doubt over his raising grievance about construction in Porbandar. 

A division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order dictated:

"The petitioner herein is a resident of Rajkot district and he raises an issue about construction of a multiplex cinema hall by respondent 5-7 in district Porbandar. In the writ petition the petitioner has not disclosed his credentials. Only statement in paragraph 2 is that he is Public spirited person, social worker, besides being an RTI activist. On query made by court as to the occupation/profession of the petitioner, an oral submission has been made bereft of any statement made by the petitioner, that the petitioner herein is a retired person. The contention in the writ petition that petitioner is espousing the cause of agricultural farmers in matters of crop insurance amount and compensation to be paid by the state government is sought to be established by way of certain applications moved by the petitioner under the RTI Act". 

"It is thus evident that present writ petition in the nature of PIL has been filed by a person who has not been able to establish credentials, besides that the entire petition being based on local newspaper reports cannot be entertained. There is no other material on record as to how it has come to the notice of the petitioner that the construction raised by private respondent is illegal. Moreover the petitioner being a resident of Rajkot we have serious doubt about the activity of the petitioner raising grievance about a construction based in district Porbandar," the court added and dismissed the PIL. 

Case title: JAYSUKHBHAI RAMBHAI AVADIYA v/s STATE OF GUJARAT & ORS.

R/WPPIL/45/2025 

Citation: 2025 LiveLaw (Guj) 146