"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land

The Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a litigant who repeatedly approached the court challenging a land acquired for development of Gurugram's sector 57.

Despite the fact that the High Court had granted liberty to the Petitioner to approach the appropriate authority in first round of litigation, the petitioner filed SLP for second directions and then again filed a writ petition in High Court. The High Court later found that the policy on the basis of which the case was filed, was challenged by the petitioner in another plea which was pending.

Division bench of Justice G.S. Sandhawalia and Justice Meenakshi I. Mehta said, "It is a classic case of misuse of the due process and the unfettered access to justice on account of easy accessibility mobility and the NCR region fuelling the unnecessary litigation this Court is facing."

The Court highlighted that a writ petition is filed by the petitioner for the quashing of the policy dated 14.09.2018, on the basis of which, the whole litigation has been kept alive by firstly making the prayer before the Co- ordinate Bench and then, taking it to the Apex Court to revive the said prayer.

These observations were made while hearing the writ petition seeking decision on the application in view of Apex Court's order wherein it held that the fact that the land owners have already constructed some structures on the acquired land, which has vested in the State Government, by itself can be no reason to denotify the acquired land. It can be done only if the State Government is fully satisfied that the land has become unviable or non-essential for the purpose of development and in particular for reason for which it was so acquired.

In present case, the Court noted that the State Government submitted that the viability and the essentiality has been considered and the acquired land in question sought to be released is affecting the planned development.

Considering that the plea on the same issue was already disposed of and the petitioner had also challenged the policy "on the basis of which, the whole litigation has been kept alive by firstly making the prayer before the Co- ordinate Bench as noticed and then, taking it to the Apex Court to revive the said prayer", the Court imposed a cost of Rs. 1 lakh on the petitioner.

Mr. Sandeep Sharma, Advocate for the petitioner.

Mr. Ankur Mittal, Additional A.G., Haryana with Mr. Saurabh Mago, D.A.G., Haryana for respondents No.1 and 2.

Mr. Ankur Mittal, Advocate with Ms. Kushaldeep K. Manchanda, Advocate and Mr. Siddhant Arora, Advocate for respondent No.3.

Title: Pawan Kumar v. State of Haryana and others

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