To discourage frivolous petitions from being filed,the Bombay High Court on Wednesday set a precedent by imposing a cost of Rs 40 lakh on a petitioner for abusing the due process of law. According to sources,this is the first time that such a huge cost has been imposed on a petitioner for filing a frivolous litigation,especially in a PIL. While imposing the massive cost on city-based trust Bhrashtachar Nirmulan Sanghatana,Division bench of acting Chief Justice JN Patel and Justice BR Gavai observed that the tendency to file frivolous PILs must be curtailed. The judges cautioned that if the cost is not paid within four weeks the collector may take action for recovering the amount under the Land Revenue Act. The court also rejected petitioner lawyers request for more time to pay the cost. BNS had filed the PIL alleging that a building at the junction of Peddar Road and Vakil Lane in South Mumbai has used up more Floor Space Index than permitted. The land belongs to Ispat Industries while Peddar Realty Developers is the builder. The court asked why the trust,based in suburban Goregaon,was targeting only this building. The court noted that while the builder and the corporation had filed a reply to all the allegations,the petitioner did not file any rejoinder despite the courts direction. Dismissing the PIL the court said: These petitioners drag people to the court. no loss is caused to them. Such tendency has to be curtailed. Senior counsel Janak Dwarakadas,appearing for one of the respondents,said that this would be a good precedent to curtail such litigations that result in loss of crores of rupees for the parties against whom the petition is filed. They (petitioner) will pay Rs 300 court fees and file a petition thereby causing huge loses to the affected parties, Dwarakadas submitted. Petitioners advocate Uday Warunjikar and senior counsel Janak Dwarakadas,appearing for Ispat,said that as per their knowledge this is the first time such a huge cost has been imposed on a litigant. As far as I know this is the first time huge sum has been imposed especially in a PIL, Dwarakadas said.
