Delhi High Court imposes Rs 10 lakh cost on NGO alleging illegal construction, says PIL is being used ‘unfortunately for blackmailing citizens’

The Delhi High Court in the case New Rise Foundation Regd. Charitable Trust v. Municipal Corporation Delhi And Ors observed and has imposed a cost of Rs. 10 lakhs on an NGO alleging illegal and unauthorised construction in city’s Neb Sarai area, thus, observing that it was unfortunate that PIL forum was being used for blackmailing citizens.

While observing that it was a blackmailing type of litigation, the divison bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed and directed the NGO to deposit the amount to Army War Widows Fund within a period of 30 days. In the present case, the New Rise Foundation Regd. Charitable Trust filled the PIL, claiming that it provides shelter to orphan children and food to the poor, alleging that an illegal structure was in existence admeasuring 600 sq. yards.

Further, it was stated that the NGO had made various representations to various authorities, therefore, no steps were taken in respect of unauthorised or illegal structure.

On the other hand, It was submitted by the counsel appearing Municipal Corporation of Delhi that while they were taking action with promptitude, the NGO was involved in blackmailing builders and other people.

The court stated that it is very unfortunate that the noble forum of PIL is now being used for blackmailing the citizens. This is not a PIL at all. It is, in fact, a litigation based upon certain photographs which is resulting in blackmailing type of litigation.

It was observed by the court that the NGO had deliberately suppressed the fact that an earlier writ petition filed in respect of the same property, was dismissed as withdrawn.

The court stated that the Petitioner otherwise also wants a roving enquiry to be done based upon some photographs and there is no other evidence brought on record to the court to arrive at a conclusion that the structure in question is an unauthorised construction.

Adding to it, The Hon’ble Supreme Court in the aforesaid case has shown concern about misuse of Public Interest Litigation and has also shown concern about the large number of Public Interest Litigations which have flooded the Hon’ble Supreme Court and the High Courts. However, it has been held by the Hon’ble Supreme Court that personal scores, personal disputes and political rivalries should not be resolved through PIL. Accordingly, the court directed the Registrar General to monitor the recovery of the same, while calling it a sheer abuse of process of law and imposing cost.