One Can’t Use Article 226 For Fulfilling Hidden Intent In The Name Of Public Interest: High Court Of Delhi
Title: Ms. Sabiha Parveen V Government Of Nct Of Delhi & Ors.
Citation: W.P.(C) 11646/2023 & Cm Appl. 45465/2023
Coram: Hon’ble The Chief Justice, Hon’ble Mr. Justice Tushar Rao Gedela
Introduction:
Petitioner before this Court has filed the present petition under Article 226 of the Constitution of India as a Public Interest Litigation (“PIL”) , In the said PIL the stated reliefs are being asked:
- directing the Respondents for immediate removal/sealing of Illegal and unauthorized construction.
- Directing the Respondents for immediate sealing of structure in the form of unauthorized illegal construction /structure running Hotels at two sites (i.e., properties no. 7 & 8) in Darya Ganj / Old Delhi – Jama Masjid without having necessary permission from government authorities and Fire clearance / NOC from respondent.
- Directing the Respondent for immediate removal electricity connections installed at Illegal and unauthorized construction
Facts:
Petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for any other person/ institution/ body/ and that there is no motive other than of Public Interest in filling the writ petition.
Respondent, prior to filing of the writ petition on 10.05.2023 had lodged a police complaint against the Petitioner in respect of extortion, threat, etc. and as no action was taken in respect of the complaint lodged, he approached the Hon’ble Lieutenant Governor on 23.05.2023.
Court’s Judgement and Analysis:
On the basis of several judgements cited and presented, it is clear that a person who has not come with clean hands is not entitled for any relief and, in the present case, it is clearly visible that the Petitioner has not approached this Court with clean hands.
Nothing prevented the Petitioner from disclosing the relationship with Respondent. The Petitioner who was present in person has admitted the relationship with Respondent in open Court and, therefore, as the Petitioner was certainly an interested person, the Petition was dismissed with costs of Rs. 1,00,000/- to be paid to Army Battle Causalities Welfare Fund within 30 days from today.
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Written by- Sushant Kumar Sharma