Delhi High Court
Pawan Kumar Saraswat vs North Delhi Municipal ... on 27 September, 2021
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27th September, 2021
+ W.P.(C) 10933/2021
PAWAN KUMAR SARASWAT ..... Petitioner
versus
NORTH DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Pran Nath Dhar alongiwth Mr. Shivesh P. Singh, Advocate
For the Respondents: Mr. Akhil Mittal, Standing Counsel for R-1 & R-2/North DMC
Mr. Imran Ahmad, Advocate for R-3
Mr. Rishikesh Kumar, ASC with Mr.Premsagar Pal for R-4
(SHO)
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction against the respondent-Corporation to
take action against unauthorized illegal construction of commercial nature,
deviation and encroachment of property bearing municipal No. 2858 from
Gali Ghasi Ram and property bearing municipal No. 2877 from Gali Jajam
Puria, Hauz Qazi, Delhi and further seeks cancellation of sanction plan
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.09.2021
Signing Date:28.09.2021 08:18:03 22:13
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
obtained by Mohd. Kasif son of Mohd. Akil etc.
3. As per the petitioner illegal unauthorized construction activity is
being raised in the subject property contrary to the sanctioned building plan
and there is a deviation and encroachment.
4. Learned counsel appearing for respondent no. 3, on advance notice,
submits that petitioner has made several concealments and
misrepresentations. He submits that petitioner has filed a suit for specific
performance based on forged and fabricated document against respondent
no. 3 and there was no interim order granted. He submits that the subject
property was sold to Mohd. Kasif and Mohd. Hashim.
5. Learned counsel further submits that petitioner had even entered into
a Memo of Understanding with the subsequent purchasers to give up his
alleged rights for a sum of Rs. 1 crore 98 lakhs out of which Rs. 1 crore 68
lakhs have been already received by the petitioner.
6. Learned counsel submits that without disclosing all this, petitioner
filed an application before the trial court seeking a restraint on raising
construction but thereafter did not press the application before trial court in
the said Suit and the application now stands adjourned to 01.11.2021.
7. Learned counsel submits that clearly the petition is motivated and
petitioner has filed this petition with ulterior motive and for the purpose of
extorting money. He further submits that despite the fact that petitioner is
aware of the owners of the property he has purposely not impleaded them
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.09.2021
Signing Date:28.09.2021 08:18:03 22:13
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
in these proceedings.
8. Learned counsel for respondent no. 3 has over e-mail of the Court
Master shared certain documents. The same are taken on record.
9. Learned counsel appearing for respondent-Corporation, on advance
notice, submits that the property was inspected and has been booked and
appropriate action in accordance with law is being taken.
10. No doubt the Corporation is entitled to take action in case any
breach or violation is brought to its notice, however, what is relevant in the
facts and circumstances of the present case is as to whether the petitioner
who approaches this Court by making misrepresentations and concealments
should be permitted to invoke the jurisdiction of this court under Article
226 of the Constitution of India.
11. Perusal of the petition clearly shows that there is no disclosure made
by the petitioner about the pending litigation. Petitioner has also not
impleaded the owners i.e. Mohd Kasif and Mohd Hashim as respondents in
this petition despite the fact that he has mentioned their names in the prayer
paragraph.
12. Learned counsel for the petitioner submits that petitioner in one of
the documents annexed to the petition i.e. a complaint to the Police
Commissioner has mentioned about the Suit and the details of the owners.
13. The fact that petitioner has specifically mentioned about the names
of the owners and the civil litigation in the Police Complaint but has
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.09.2021
Signing Date:28.09.2021 08:18:03 22:13
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
completely kept silent about the same in the petition filed before this court,
goes on to show that petitioner has purposely made misrepresentations and
concealments in the petition. When petitioner mentioned the details to the
Commissioner of Police in a complaint made to him, what precluded him
from disclosing the same in the petition?
14. The answer to the above question is clearly obvious. The intention of
the petition was to obtain orders from the Court, which petitioner has not
been able to obtain in the civil proceedings.
15. Though unauthorized illegal construction, which is becoming
rampant, cannot be countenanced however, I am of the view that a party
that does not approach the Court with clean hands and files a petition with
ulterior motives should not be permitted to invoke the extra ordinary Writ
jurisdiction of this court. I am of the view that the petition deserves to be
dismissed.
16. Accordingly, the petition is dismissed. It would, however, be open to
the Municipal Corporation to take action in accordance with law.
17. Copy of the order be uploaded on the High Court website and be
also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J
SEPTEMBER 27, 2021
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.09.2021
Signing Date:28.09.2021 08:18:03 22:13
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
