Delhi HC Imposes Rs. 10K Costs On Litigant For Filing Petition Alleging Unauthorized Construction With Incorrect Description Of Property

The Delhi High Court recently imposed costs of Rs. 10,000 on a litigant for filing a petition alleging unauthorized construction with incorrect description of the property.

Justice Prateek Jalan observed that due care must be taken while filing a writ petition to ensure that the details incorporated in it are correct.

“In the present case, the identification of the property is fundamental to a determination of the only issue involved i.e., whether the construction is unauthorized or not. For the description itself to be incorrect, shows an unfortunate lack of diligence on the part of the petitioner,” the court said.

The petition was filed by one Shariq, alleging illegal and unauthorized construction in a property described as “A-33, Street No. 2, Batla House, Jamia Nagar, Okhla, New Delhi.”

However, the counsel appearing for the Municipal Corporation of Delhi (MCD) took a stand that the photographs annexed in the plea are that of a different property. It was also submitted that there was no property at the address mentioned in the plea.

An application was then filed by Shariq for amendment of the description of the property, stating that the address was incorrectly mentioned due to a typographical error.

While permitting the amendment, the court deemed it necessary to impose costs on Shariq.

“Costs of Rs.10,000/- be deposited by the petitioner with the Delhi High Court Legal Services Committee…within two weeks from today,” the court ordered.

Case Title: SHARIQ v. MUNICIPAL CORPORATION OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 1228

Click Here To Read/Download Order