Bombay High Court fines litigants Rs 1 lakh for filing case against school redevelopment
Bombay High Court fines litigants Rs 1 lakh for filing case against school redevelopment
The management of the school had suggested temporarily shifting the school from Borivali West to East. They had pointed out that in most cases, the buildings were in a dilapidated condition and needed to be construction again. The Bombay High Court recently imposed a cost of Rs 1 lakh on parents of students studying at a school in Borivali for initiating litigation against the decision of the management to redevelop their school buildings. The court held that there was “no whisper as to how the management was indulging in mismanagement” in the petition. “We find that the apprehension of the management, that the present petition is filed at the behest of some other vested interest, cannot be said to be without substance. Since we are already entertaining other petitions which would take care of the interest of the students, including the children, we find that the continuation of the present petition would not be necessary. Entertaining such a petition, seeking wild reliefs without there being a foundation, would give a wrong signal to disgruntled litigants. The petition is therefore dismissed with costs which are quantified at Rs 1 lakh,” said Justice B R Gavai. The petitioners have been asked to deposit the money with Tata Cancer Hospital. The management of the school had suggested temporarily shifting the school from Borivali West to East. They had pointed out that in most cases, the buildings were in a dilapidated condition and needed to be construction again. The parents, however, had claimed that this was “a game plan of the management to utilise the vast stretch of land for commercial exploitation,” the court order said. The court had, therefore, sought an undertaking that the reconstructed buildings would be used only for housing schools and other institutions, which was agreed to by the management. “The attitude of the management has been responsive. It accepted the suggestion from time to time which has been given by the court so as to take care of the interest of the students,” noted the Bench. The counsel appearing for the management, however, argued that the petition be dismissed with costs as the relief claimed by the petitioners was beyond the interest of the students and also gave an impression that the petition is at the behest of the some other vested interest. The relief included for the state government to take over the management. The court agreed that “under the garb of protecting the interest of students, the petitioners have made a direct attack on the management”.