In a sharp rebuke, the Allahabad High Court recently criticized two lawyers for filing a Public Interest Litigation (PIL) aimed at halting the construction of new advocates’ chambers and parking facilities within the court premises. The Court not only dismissed the petition but also barred the lawyers from obtaining chambers or entering the newly constructed premises.
The division bench, comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, highlighted a troubling trend where PILs are used to exert undue pressure on contractors and builders. The bench warned against such practices, emphasizing the importance of imposing exemplary costs to deter frivolous litigation motivated by extraneous considerations.
The PIL in question was filed by advocate Santosh Kumar Pandey, represented by advocate Aditya Singh. They claimed that excavation work for the project, being undertaken by L&T, was proceeding without necessary approvals from the Mining Department and without an Environmental Clearance Certificate.
However, the State’s counsel contested the validity of the PIL, noting that the project had been approved in 2021 and the soil excavation was proceeding lawfully. Further scrutiny revealed that Singh had previously filed an identical petition in 2022, which was dismissed due to questionable credentials. The current PIL, filed just two months after the previous dismissal, was found to be an abuse of legal process.
The Court observed that Singh’s failure to disclose his prior petition and his subsequent representation of the current petitioner amounted to a deliberate concealment of facts. The bench condemned the petition as an attempt to obstruct the construction of the new chambers, concluding that it was filed at the behest of undisclosed parties.
Although the Court initially imposed a ₹40,000 cost on the petitioner, it later waived the penalty after Singh, a young lawyer with only two years of practice, pleaded for leniency, citing potential harm to his future prospects. Despite the waiver, the Court maintained its decision to bar both Pandey and Singh from accessing the new chambers.
The State was represented by Additional Advocate General Manish Goyal and Additional Chief Standing Counsel AK Goyal.
