Delhi High Court Imposes Costs for Unauthorized Filing of Writ Petition by Misusing NGO’s .

Headnote:

The Delhi High Court disposed of W.P.(C) 10595/2024 after the President of Delhi Ki Galiyan NGO clarified that the writ petition seeking demolition of unauthorized construction at Zakir Nagar, Jamia Nagar, New Delhi, had been filed without the NGO’s authorization by one Farid Ali. The Court observed that filing a petition in the name of an NGO without authority constitutes deception and abuse of judicial process. Investigation against the deponent was directed, and a cost of Rs. 50,000/- was imposed to be paid to the DHC Bar Clerk Association.

Background:

Petition filed seeking directions to the Deputy Commissioner and other authorities for demolition of illegal construction at property bearing No. E-141 (Old), 101-B (New), Street No. 21, Zakir Nagar, Jamia Nagar, Okhla, New Delhi.

Unauthorized Filing:

Mr. Akbar Ali, President of the NGO, appeared in Court and stated he had not authorized the filing. Farid Ali, who filed the petition, was not a member of the NGO, and the NGO’s letterhead had been misused.

Respondent Action:

The Municipal Corporation of Delhi (MCD) confirmed that action against the property had already been taken: the property was sealed, and further action was scheduled.

Legal Principles:

Courts emphasized that misuse of judicial process through unauthorized filing is serious misconduct. High Courts have inherent powers to impose costs and direct investigation to protect the integrity of the judicial process.

Decision:

Writ petition disposed of as withdrawn.

Cost of Rs. 50,000/- imposed on Farid Ali, payable to DHC Bar Clerk Association within six weeks.

Deputy Commissioner of Police, Central District, directed to ensure compliance and investigate the matter.

Coram:

Hon’ble Ms. Justice Mini Pushkarna