HC dismisses PIL with Rs 10K cost, terms it 'blackmailing type' of litigation

The Delhi High Court has dismissed with a cost of Rs 10,000 a PIL seeking direction to the authorities to not register two properties, saying it was a "blackmailing type of litigation" and an abuse of the process of law which ought to be stopped.

A bench of Chief Justice D N Patel and Justice C Hari Shankar said the owners/ occupiers or the transferees/ transferors of the properties have not been joined as party respondents to the petition and in their absence no such order can ever be issued.

"There is a presumption that respondents (authorities) are acting in accordance with law unless it is otherwise proved by specific proceedings. Registration of the documents and denial thereof cannot be prayed in a public interest litigation.

 

"Such type public interest litigation, in contract between 'A' and 'B' and that too without joining them as party respondents has become a practice in this city. This is nothing but abuse/ misuse of the process of law which ought to be stopped," the bench said.

The court dismissed the PIL filed by NGO Corruption Against Society and imposed a cost of Rs 10,000 on it, which had to be deposited with the Delhi State Legal Services Authority. This amount shall be utilised for the programme 'Access to Justice', it said.

The NGO was seeking that registration of two properties in Deoli Village and Malviya Nagar here be not allowed by the authorities.

The court said these two properties have been transferred by the seller to purchaser who has applied for registration and the plea has sought that the documents of transfer of the property should not be registered.

"It appears that this is not a public interest litigation at all. This is a blackmailing type of litigation. Before registration of a document of transfer of property, the respondents are bound to follow the law for registration.

"If in an individual case there is violation of law, the remedy is always available before the concerned authority or before the trial court or in an individual writ petition, as per law. For breach of law of registration, the facts are bound to be proved," it said.

The bench added that sellers and purchasers of the two properties have not been made party in this writ petition, therefore, these facts cannot be established.