Civil Procedure Code (CPC)

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BACKGROUND

  • The Delhi High Court had given a judgement dismissing the PIL for temporary suspension of construction work of the Central Vista.
  • The judgement also imposed costs of Rupees One Lakh.
  • The Petitioners Anya Malhotra and Sohail Hashmi have sought a stay on the Order as an interim relief.
  • They contend that imposition of such exorbitant costs will have a chilling effect on citizens raising genuine issues of public health and importance.

WHAT HAD THE COURT SAID

  • The Division Bench consisted of Chief Justice D N Patel and Justice Jyoti Singh.
  • The Court said that the Government had already ensured that the workers were staying on site.
  • All arrangements had been made to uphold the COVID 19 appropriate behaviour.
  • The Bench also termed the Petition as a ‘motivated petition’ and not a ‘genuine public interest litigation’.

WHAT WAS THE PLEA

  • The plea stated that the arguments of the Respondent were accepted at face value.
  • No enquiry was made into the claims of compliance with the DDMA orders.
  • Entire onus was being put on Petitioners. The High Court’s findings were unsubstantiated.
  • There was credible material available which showed that construction was being carried out in violation of DDMA guidelines.
  • The Petitioners were not seeking to stop the work but only put it on hold during the pandemic.

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Brinda Kundu Online
15 June 2021    131  Report



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