The Delhi High Court has initiated criminal contempt proceedings with a fine of Rs 82,000 against a man who filed a false and frivolous petition regarding unauthorised construction near his house, even while his own property was illegal.

“It is a trite that a petitioner who files a public interest litigation must approach the court with clean hands. But in the present case the petitioner hides the facts and interestingly while the petitioner makes a grievance that the private respondents have made illegal and unauthorized construction, he fails to disclose the illegality of his own construction,” said by the bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar.

“The writ petition is, therefore, completely an abuse of the process of law as well as against the spirit of public interest litigation. Valuable judicial time has been expended on this writ petition,” said the bench. “It is well settled that failure to make a complete disclosure and the attempt to mislead the court would invite proceedings for criminal contempt under the Contempt of Court Act.”

Directions came while the court was hearing the petition filed by Raj Kumar Kasana, resident of 292, Jor Bagh, Kotla Mubarakpur, New Delhi 110003 contending that there is illegal construction in the properties situated on the right hand side and left hand side of his house.

Despite several complaints to South Delhi Municipal Corporations (SDMC), no action has been taken by the authority, therefore, he filed this petition seeking removal of the illegal constructions from the left hand side and right hand side of his house.

However, during the course of proceedings, photographs were placed by the private respondents who had alleged that Kasana was himself continuing unauthorised and illegal constructions.

Senior Advocate Kirti Uppal appearing for the private respondents submitted that a civil suit has been filed by the petitioner for permanent injunction and damages against the same persons who are parties to this petition.

In fact the present writ petition has been filed mala fide on account of the petitioner having failed to got any interim injunction in the civil litigation. He further contended that the petitioner is using the PIL not only for maintaining private grievances but as a tool to blackmail the property owners.

The court noted that respondents have asserted that the petitioner has been compelling them to concede the prayer made in the suit and that, in exchange, he would withdraw the present writ petition. The present writ petition filed in public interest when it seeks to make complaint against the private respondents, must necessarily disclose the pendency of any other litigation in which the private parties are involved. However the petitioner concealed those facts from the present petition and in the absence of fair and complete disclosure of the fact that there was litigation with the other side court is compelled to impose cost.

It directed Kasana to pay Rs 25,000 to SDMC and Rs 25,000 to Delhi High Court Legal Service Committee. In addition, the bench also directed him to pay Rs 32,000 to the private respondents with each of them getting Rs 4,000.

The court also issued notice to Kasana seeking his response as to why criminal contempt proceedings be not initiated against him. Meanwhile, it directed the High court Registry to draw a paperbook and register a criminal contempt petition which shall be listed on July 5 according to the roster.

—India Legal Bureau