Delhi HC penalises ‘serial litigant’ for filing multiple pleas against illegal constructions

The Delhi High Court on Thursday imposed a fine of Rs 50,000 on a ‘serial litigant’ who filed multiple petitions against the illegal construction of properties in the national capital but did not pursue them later.

This comes as Justice Mini Pushkarna was hearing the fifth writ petition filed by the same litigant regarding the illegal construction of property in the RK Puram area, and noted that the petitioner was repetitively filing pleas but was not pursuing them later.

In an order dated December 2, the court said, “It is clear that the petitioner is a serial litigant and has been filing various writ petitions against a number of properties situated in the area in question. The writ petitions, as filed by the petitioner, are not pressed by the petitioner after filing.”

Referring to the earlier judgments, the court noted that it had made it clear multiple times that no one can misuse the process of the court by filing petitions for ‘oblique motives.’

“The conduct of the petitioner in filing petitions and not pursuing the same, also, does not inspire confidence and is a clear pointer to the fact that the petitions have been filed by the petitioner for self-serving and disagreeable motives,” the judge said.

The court pointed out that the filing of petitions before the court must be bona fide and in good faith, and cannot be filed with any hidden agendas for any self-interest.

“This Court shall not entertain any petition, which is filed for extraneous or self-serving ends. Apparently, the motive of the petitioner does not seem to be bonafide and the petitions seem to have been filed with oblique motives. This Court has already held in a number of judgments that no party can seek to misuse the process of the Court, by filing petitions for oblique motives,” the judge said.

The counsel of the Municipal Cooperation of Delhi (MCD) informed the court that the petitioner filed a total of four writ petitions between April and May this year.

In response to the request by the petitioner’s counsel to withdraw the said petition, the court imposed a punitive cost of Rs 50,000 and directed that it be paid within four weeks.

Further, the Court also directed the Municipal Corporation of Delhi (MCD) to take action against the alleged unauthorised construction. The MCD counsel informed the Court that it is already looking into the issue.