HC levies a fine for misusing the RTI Act
22 Nov, 2011HC levies a fine for misusing the RTI Act
Justice Hima Kohli of the Delhi High Court has imposed a fine of Rs. 50,000/- on a NGO, Paardarshita Public Welfare Foundation, after realizing that the NGO has filed a writ in HC to rake up an issue that was duly settled and was devoid of any merit.
Justice Hima Kohli fined Paardarshita noted that the NGO, through its general secretary Harkrishan Das Nijhawan, filed a writ in HC. The issue was duly settled and was devoid of any merit. The NGO has been given a month's time by the Delhi high court to pay the amount as cost for "frivolous litigation and an attempt to settle personal scores". The money will be split between the MCD and the Bar Council of Delhi Indigent & Disabled Lawyers' Account, the court said.
The NGO, through its general secretary Harkrishan Das Nijhawan, urged the court to order the MCD to initiate action against the owner of a property in south Delhi where he alleged large-scale unauthorized construction exists. He also sought a direction to the MCD to furnish replies to RTI application filed by him claiming that the civic agency was trying to shield the owner of the property in question. The HC had sought a reply from the MCD and summoned records related to the property where illegal constructions were alleged to have been raised. MCD submitted valid records and the court asked the NGO to submit proof of its allegations. The NGO could not produce any evidence leading to the conclusion that it was a frivolous case.
Soon after being slapped with a costs of Rs. 75,000/- earlier in the Writ petition (Civil) 6802/2010 and the NGO will now have to cough up an additional Rs. 50,000/-.