Supreme Court Reduces Pre-Admission Cost Of Pune Corporator's Plea

Supreme Court said while keeping in mind Rule 7A of Bombay High Court which deals with deposit of one per cent cost before admission of a plea.

The Supreme Court has come to the aid of a corporator of Pune Municipal Corporation by reducing pre-admission cost of Rs 3.9 crore to Rs 10 lakh to be deposited at Bombay High Court where he has filed a PIL challenging tender process of construction of sewage treatment plant and new drainage system project. The top court said that while keeping in mind Rule 7A of Bombay High Court which deals with deposit of one per cent cost before admission of a PIL, it is equally necessary to ensure that a balance is struck so as to preclude the possibility of a denial of access to justice. A bench of justices DY Chandrachud and Mr Shah said Rule 7A of the Bombay High Court Public Interest Litigation Rules 2010 has been invoked by the high court to make an order for the deposit of costs and the purpose of incorporating such a provision is to ensure that public projects in particular are not dislocated by the institution of "motivated PILs". "We accordingly allow the appeal and set aside the impugned order of the high court. The writ petition is restored to the file of the high court. It would be open for the appellant to move the high court for listing of the petition for admission. We clarify that we have made no observations in regard to the maintainability of the petition or on the merits of the case," the bench said.