Delhi HC dismisses with Rs 25K cost PIL for loan under PM Atma Nirbhar scheme
There is bound to be an application by a person seeking loan, it said.The court noted that in the present case, neither was a statement was made in the petition with regard to there being any application by the persons for whom loan was sought nor were such persons made a party to the proceedings.No PIL can be entertained for giving a loan of Rs 10,000.
The Delhi High Court Tuesday dismissed with Rs 25,000 costs public interest litigation seeking grant of the loan under the Prime Minister Street Vendor's Atma Nirbhar Nidhi scheme and said a party cannot claim a "compulsory loan" in the absence of any application.
A bench of Chief Justice D N Patel and Justice Jyoti Singh said there was no reason to entertain the PIL and stated that a loan can't be extended without a person making a proper application for it and supplying the relevant data.
"There can't be a compulsory loan to be given to someone and the petitioner can't say that someone must be given a loan," the bench said.
"It ought to be kept in mind that there can't be any compulsory loan. There is bound to be an application by a person seeking a loan," it said.
The court noted that in the present case, neither was a statement was made in the petition concerning there being any application by the persons for whom the loan was sought nor were such persons made a party to the proceedings.
"No PIL can be entertained for giving a loan of Rs 10,000. The petition has no substance. The petition is dismissed with costs of Rs 25,000," the court-ordered.
The bench nonetheless clarified that if an application is made to the authorities for sanction of the loan under the scheme, the concerned authorities will examine it as per the applicable policy.
The PIL was filed by a lawyer for the grant of a loan of Rs 10,000 in terms of the scheme to certain people mentioned in the plea.
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