Unfortunate That PIL Jurisdiction Abused To Settle Personal Scores: Delhi High Court Imposes Rs.1 Lakh Cost On Litigant

A Division Bench of the Delhi High Court comprising the Chief Justice and Justice Tushar Rao Gedela recently dismissed the PIL filed by a party while suppressing relationship with the private respondent.

“…this Court is of the firm opinion that the Petitioner has not approached this Court with clean hands… the Petitioner was certainly an interested person”, the court said.

Keeping in mind that the petitioner was a lady, and that cost had been imposed on her, the Bench refrained from initiating contempt proceedings in respect of her giving wrong statement in the writ supported by affidavit. However, it issued a warning to the petitioner against filing frivolous PILs by suppressing material facts.

Notably, the petitioner had filed the PIL seeking action w.r.t. illegal and unauthorised construction. In her affidavit, she had taken a stand that she had no personal interest in the matter.

Respondent No.5, the owner of the property in question, brought to the notice of the court that the petitioner and him were related (first cousins). He stated on affidavit that the they were having a family dispute and the petitioner had been demanding Rs.25 lacs from him.

The petitioner, who was present in person, admitted her relationship to respondent No.5 in open court.

Referring to the court’s earlier decision in New Rise Foundation Reg. Charitable Trust v. Municipal Corporation Delhi and Ors., where the issue of abuse of PILs was analysed at length and the subject PIL (seeking demolition of property) dismissed with a cost of Rs.10 lacs, the Bench said that the petitioner was not entitled to any relief, having approached with unclean hands.

Mr. Hemant Chaudhary, Advocate appeared for petitioner with petitioner in person

Mr. Santosh Kumar Tripathi, SC, with Mr. Arun Panwar, Mr. Pradyumn Rao, Mr. Utkarsh Singh, Mr. Kartik Sharma, Ms. Prashansa Sharma, Mr. Rishabh Srivastava, Advocates appeared for GNCTD

Mr. Manish Srivastava, Mr. Yash Srivastava and Mr. Santosh Ramdurg, Advocates appeared for BSES

Mr. Ashutosh Gupta, ASC with Mr. Arman Monga, Advocates appeared for MCD

Mr. Sanjay Vashistha, Mr. Vishal Kumar, Advocates appeared for respondent No.3

Mr. Jai Sahai Endlaw, Advocate appeared for respondent No.5

Case Title: Ms. Sabiha Parveen v. Government of NCT of Delhi & Ors.

Citation: 2023 LiveLaw (Del) 1084

Click Here To Read/Download Order