Delhi High Court Penalizes Serial Litigant for Misuse of Judicial Process

Petitioner Fined for Filing Frivolous Writ Petitions with Ulterior Motives Against Unauthorized Constructions

In a significant decision reinforcing the sanctity of judicial processes, the Delhi High Court, presided over by Justice Mini Pushkarna, dismissed a series of writ petitions filed by Shri Hardeep Singh Hanspal against unauthorized constructions, citing misuse of the court's process. The Court imposed a penalty of Rs. 50,000 on the petitioner for filing frivolous petitions with self-serving motives.

The judgment comes in response to the fifth writ petition filed by Hanspal, seeking the demolition of an alleged illegal construction at a property in Rohini, Delhi. The Municipal Corporation of Delhi (MCD) presented evidence of the petitioner’s repeated litigation, highlighting that previous petitions were not pursued after filing, suggesting oblique motives.

Justice Pushkarna noted the petitioner’s pattern of behavior as indicative of ulterior motives, aimed more at personal gain than seeking genuine redressal of grievances. The Court emphasized that the filing of petitions with such intentions constitutes a gross misuse of judicial resources and detracts from the real issues at hand.

The judgment cited previous instances where the petitioner had withdrawn petitions after filing, sometimes after the alleged illegal constructions were voluntarily removed by the property owners. The Court stressed that while the judicial system must address unauthorized constructions, it cannot be exploited for extortion or personal vendetta.

In addition to dismissing the petition, the Court directed the petitioner to deposit the fine amount into the D.H.C. B.A. Costs Account within four weeks. The judgment serves as a stern warning against the misuse of the judicial system and reinforces the necessity for litigants to approach the court with clean hands and genuine intent.

Bottom Line:

Serial filing of petitions with oblique motives and non-pursuance of the same amounts to misuse of the process of court, which is liable to be dismissed with cost. Courts will not entertain petitions filed for extraneous or self-serving motives.

Statutory provision(s): Article 226 of the Constitution of India, Contempt of Court Act, 1971 (implied through contempt proceedings), principles of equity and judicial discretion.

Shri Hardeep Singh Hanspal v. Municipal Corporation of Delhi, (Delhi) : Law Finder Doc Id # 2816708