The observation was made by a division bench of Justices D Y Chandrachud and S C Gupte while hearing a public interest litigation filed by a Navi Mumbai resident challenging CIDCO's decision to charge transfer fees on sale agreements of its allotments.
According to the petitioner Rajiv Patil, there are over two lakh houses built by CIDCO and the fees charged was arbitrary and illegal.
The bench observed that the petition cannot fall under the jurisdiction of a PIL as the petitioner himself will benefit from the outcome of the litigation. "The petitioner can file a writ petition under article 226 of the Constitution challenging CIDCO's decision," the court said.
The bench added that any person who has personal interest in the outcome of a litigation cannot file public interest litigations.
Disposing of Patil's PIL, the court said it was not satisfied with the justification made that the petition is in public interest.