The Delhi High Court Tuesday dismissed a public interest litigation (PIL) seeking grant of 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. The petition was dismissed with Rs 25,000 costs.
A bench of Chief Justice DN Patel and Justice Jyoti Singh said there was no reason to entertain the public interest litigation 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 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 loan," it said.
The court noted that in the present case, neither was a statement 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 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 loan under the scheme, the concerned authorities will examine it as per the applicable policy.
The PIL was filed by a lawyer for granting a loan of Rs 10,000 in accordance with the scheme, to the people mentioned in the plea.