The Delhi High Court recently dismissed a plea which sought the demolition of 43 properties in the city with costs of Rs 25, 000..The order was passed by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar..The Appellant had moved a writ petition against the Commissioner, North Delhi Municipal Corporation seeking a direction to demolish 43 properties. After the same was dismissed by a Single Judge Bench of the High Court, an appeal was preferred before the Division Bench..Refusing to entertain the appeal, the Court stated that it appears that the appellant had filed the writ petition only to blackmail and to extort money from the concerned parties whose properties were to be demolished upon his prayers..The Court noted that a prayer for the demolition of 43 properties was made without arraying the owners/occupiers of the superstructures as necessary party/respondents in the writ petition..In spite of specific directions by the single Judge Bench to amend the memo of parties after joining the owners/occupiers of the properties as necessary parties, the same was never filed by the appellant..It was further noted that the appellant failed to file an affidavit and necessary documents to prove his residence..The Court also observed that the addresses in certain documents given by the appellant did not match with the addresses so mentioned in the writ petition..In view of the discrepancies, the Court remarked,.“Thus, it appears that the writ petition was preferred only with a view to get/coin the money from the owners/occupiers of the said superstructures.“.The appeal was thus dismissed with costs of Rs 25,000. As per the Court’s order, the amount shall be deposited with the Member Secretary, Delhi State Legal Services Authority, Central Office, Patiala House Courts Complex, New Delhi and be utilised for the programme “Access to Justice”..Read the Order:
The Delhi High Court recently dismissed a plea which sought the demolition of 43 properties in the city with costs of Rs 25, 000..The order was passed by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar..The Appellant had moved a writ petition against the Commissioner, North Delhi Municipal Corporation seeking a direction to demolish 43 properties. After the same was dismissed by a Single Judge Bench of the High Court, an appeal was preferred before the Division Bench..Refusing to entertain the appeal, the Court stated that it appears that the appellant had filed the writ petition only to blackmail and to extort money from the concerned parties whose properties were to be demolished upon his prayers..The Court noted that a prayer for the demolition of 43 properties was made without arraying the owners/occupiers of the superstructures as necessary party/respondents in the writ petition..In spite of specific directions by the single Judge Bench to amend the memo of parties after joining the owners/occupiers of the properties as necessary parties, the same was never filed by the appellant..It was further noted that the appellant failed to file an affidavit and necessary documents to prove his residence..The Court also observed that the addresses in certain documents given by the appellant did not match with the addresses so mentioned in the writ petition..In view of the discrepancies, the Court remarked,.“Thus, it appears that the writ petition was preferred only with a view to get/coin the money from the owners/occupiers of the said superstructures.“.The appeal was thus dismissed with costs of Rs 25,000. As per the Court’s order, the amount shall be deposited with the Member Secretary, Delhi State Legal Services Authority, Central Office, Patiala House Courts Complex, New Delhi and be utilised for the programme “Access to Justice”..Read the Order:
