Delhi High Court Dismisses Writ Petition, Imposes Costs for Misuse of Legal Process

Petitioner Allegedly Suppressed Facts and Attempted Extortion, Court Orders Rs. 1 Lakh Costs

In a significant ruling, the Delhi High Court has dismissed a writ petition filed by Manorama Sakkerwal against the Municipal Corporation of Delhi (MCD) and others, citing suppression of material facts and abuse of the legal process. The court imposed a cost of Rs. 1 lakh on the petitioner for attempting to misuse judicial proceedings.

The petitioner, Manorama Sakkerwal, sought to restrain further construction at a property in Karol Bagh, New Delhi, alleging unauthorized construction by the respondents. However, it was revealed that the petitioner had previously filed a civil suit on the same issue, which was dismissed due to non-prosecution. The petitioner failed to disclose this crucial fact in the current writ petition, leading the court to conclude that there was a suppression of material facts.

Justice Mini Pushkarna, who presided over the case, emphasized the requirement for petitioners to approach the court with clean hands. The court noted that the petitioner had misrepresented her residence and attempted to use the court proceedings for ulterior motives, including extortion of money from the respondents.

The judgment highlighted that the MCD had already taken action against unauthorized construction at the property in question. The MCD's contradictory stand before the High Court and the Tis Hazari Court, where it initially stated that construction was in accordance with a sanctioned building plan, prompted the court to direct the MCD to reassess its report and take appropriate action.

The court also took cognizance of a complaint by the respondent, alleging that the petitioner was using the legal proceedings as a tool for blackmail and extortion. The police have been directed to take appropriate action on this complaint.

In dismissing the writ petition, the court underscored the importance of maintaining the integrity of the legal process and discouraged the misuse of judicial forums for personal gains. The costs imposed are to be deposited with the Delhi High Court Advocates' Welfare Trust within six weeks.

This ruling serves as a reminder of the judiciary's commitment to upholding justice and deterring the abuse of court processes.

Bottom Line:

Writ petition dismissed due to suppression of material facts and abuse of process of law with an ulterior motive to extort money, costs imposed.

Statutory provision(s): Articles 226 and 32 of the Constitution of India, 1950; Delhi Municipal Corporation Act, 1957, Sections 343 and 345A.

Manorama Sakkerwal v. Municipal Corporation of Delhi, (Delhi) : Law Finder Doc Id # 2796742