Delhi High Court Imposes Costs for Misuse of PIL Mechanism in Unauthorized Construction Case

Court Criticizes Petitioner for Filing Petitions with Ulterior Motives and Orders Strict Scrutiny of Future Filings

In a recent judgment, the Delhi High Court, presided over by Justice Mini Pushkarna, delivered a stern message against the misuse of Public Interest Litigation (PIL) mechanisms for ulterior motives, such as extortion and blackmail. The case involved Tauqir Alam, who filed a writ petition against alleged unauthorized construction in Shaheen Bagh, New Delhi, a property located approximately two and a half kilometers from his residence.

The court noted that the petitioner failed to demonstrate any legal or fundamental rights being violated due to the construction, emphasizing that petitions regarding unauthorized construction should only be entertained when rights like light, air, ingress, and egress are directly affected. The court imposed a cost of ?50,000 on the petitioner for misusing the court process, directing the payment to the Delhi High Court Advocates' Welfare Trust.

The judgment also highlighted the concerning trend of using PILs for extortion, noting submissions that Tauqir Alam, through his NGO "Manav Samaj Sudhar Suraksha Sanstha," has been involved in filing multiple petitions with similar motives. Justice Pushkarna emphasized that the court's process is solemn and should not be used for blackmailing individuals undertaking unauthorized constructions.

The court directed strict scrutiny of future petitions filed by Tauqir Alam or his NGO, ensuring that a copy of this order is attached to any such petitions to bring it to the court’s notice. This measure aims to prevent the misuse of judicial resources and uphold the integrity of the legal process.

The Delhi High Court's decision serves as a warning against the misuse of legal mechanisms for personal gain, reaffirming its commitment to justice and the proper use of PILs. The case underscores the necessity for petitioners to approach the court with clean hands, seeking genuine redressal rather than exploiting the judicial process.

Bottom Line:

Unauthorized construction - Petitions filed without relation to property and with ulterior motives aimed at extortion - Court imposes costs and directs strict scrutiny of future petitions filed by the petitioner or associated NGO. 

Statutory provision(s): Delhi Municipal Corporation Act, 1957 Sections 343 and 344

Tauqir Alam v. Ashwani Kumar, (Delhi) : Law Finder Doc Id # 2783247