Unauthorised construction: Delhi High Court talks tough on frivolous PILs

Taking a strict view of frivolous PILs filed in connection to unauthorised constructions, the Delhi High Court has directed the city police to produce a man, allegedly on whose behest a plea was filed by coercing and threatening a 57-year-old lady petitioner.

The plea was filed by an NGO, J One Jan Samuh Seva Samiti alleging unauthorised construction in four properties at Tughalkabad Extension.

Following the filing of the plea, the court had issued a notice to the South Delhi Municipal Corporation (SDMC) after some parts of the properties were also demolished.

However, there was a turn in events on Monday, as Noor Bano, president of the NGO, informed the bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar that she had never personally visited the properties. Interrupting the proceedings, Bano sat on the floor crying and almost was on verge of fainting.

Bano said that she is completely illiterate and has no source of income, and said she has nothing to do with the petition, which according to her was filed at the instance of Akash Bansal, an advocate. She claimed that Bansal works with advocate Naveen Kumar Jha, who is representing Bano.

It was revealed that Bansal is the same man who had filed a separate petition through Jha where they made complaints regarding some plots at Devli village.

Appearing for SDMC, Counsel Tushar Sannu apprised the court that prompt action as per law is taken on all complaints and the same has been done in the present case.

He further said that frivolous PILs such as the present one, which misuse the process of the court, should be dealt with sternly. Following this, the bench expressed displeasure and directed advocate Jha to produce Bansal in the court on Tuesday.

"It appears that the society has been created to provide a shield for filing writ petitions as the present one and undue advantage may have been taken of the illiteracy of Noor Bano," the court said.

The bench also directed Sub-Inspector Sunil Kumar of PS Govindpuri to escort the petitioner to her residence. The court also directed the SHO Sangam Vihar to make arrangements and ensure police protection to the petitioner.

The court also appointed advocate Anuja Kapur, advocate as amicus curiae to assist Noor Bano in the case.

NOTICE TO SDMC

• Following the filing of the plea, the court had issued a notice to the South Delhi Municipal Corporation (SDMC) 
   
• The plea was filed by an NGO, One Jan Samuh Seva Samiti alleging unauthorised construction in four properties at Tughalkabad Extension.