PIL seeking to declare DBTL scheme inconsistent with public

The Madras High Court today dismissed a PIL seeking a direction to declare the union government's DBTL scheme as inconsistent with public law and the constitutional requirements.
The First bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, dismissed it after recording the counter affidavit of the Petroleum and Natural Gas Ministry, stating that the scheme impugned in this petition has been kept in abeyance as per the averment in the counter itself.
It also rejected petitioner R Muthukrishnan's contention that before taking a decision to keep the scheme in abeyance the authorities should have taken leave of the court.

"There were no interim orders and thus there was no question of prior permission before keeping the impugned scheme in abeyance, a decision which was actually favourable to the claim of the petitioner," the bench said.
"It is stated that there is now no linkage of Aadhar card with the bank account of the consumer for grant of subsidy. In terms of office Memorandum of February 28, 2014 a committee has been set up to review the functioning of the DBTL scheme."
The petitioner, who appeared in person, stated that the authorities have 'abandoned' the scheme. The fact that they chose to keep it under abeyance implied that they had acknowledged the infirmity in the scheme, he argued.

On the petitioner's contention that the scheme should not have been kept under abeyance without leave of this Court, the bench said it was unable to accept this and it was the prerogative of the authorities to to do so, modify or change it as may be ultimately advised.
"Only if the scheme was brought into force or any modified version thereof would any aggrieved party be entitled to assail the same in accordance with law. The writ petition is accordingly dismissed, leaving it open to the petitioner that in case he is aggrieved in future, he may seek his redressel in accordance with law.