Statutory Remedy To Address Grievance On Implementation Of MNREGA Scheme Exists, PIL Can't Be Entertained: Gujarat High Court

While rejecting a PIL alleging irregularities in implementation of the scheme framed under Mahatma Gandhi National Rural Employment Guarantee Act, the Gujarat High Court on Tuesday said that since a statutory remedy exists for addressing any grievances on the scheme's implementation a PIL cannot be entertained. The present petition filed in the nature of Public Interest Litigation, in view of the availability of statutory remedy cannot be entertained and hence, rejected.” The Counsel for the petitioner contended that the PIL is filed to address irregularities in the implementation of the Mahatma Gandhi National Rural Employment Guarantee, scheme framed under Mahatma Gandhi National Rural Employment Guarantee Act, arguing that the complaints were not being addressed. At this stage the court orally said that petitioner can file a writ petition, seeking a writ of mandamus, adding that "Every matter is not PIL”. After rejecting the PIL, the court further orally said if the grievances which are statutory remedy are not met with, then PIL is not the remedy but a miscellaneous writ petition under Article 226 of the Constitution for seeking a writ of mandamus is the remedy wherein the grievance has to be specific regarding a particular project not an entire city.