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$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5661/2015
RIAZUDDIN
.....Petitioner Through: Mr. Satish Kumar Tripathi, Advocate for LRs of petitioner alongwith Mohd. Arshad Qurashi, L.R. No.(ii).
versus
GOVT. OF NCT OF DELHI & ORS
.....Respondents Through: Mr. Sanjay Kr. Pathak, Standing Counsel with Mr. Sunil Kr. Jha, Adv. for GNCTD Ms. Manika Tripathy, Standing Counsel with Mr. Ashutosh Kaushik, Panel Counsel and Mr. Gautam Yadav, Advocates for DDA.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R %
25.04.2025
CM APPL. 20382/2025 (Waiver of Cost) 1. This is an application filed on behalf of the applicants/LRs of the deceased petitioner whereby a prayer has been made to waive the costs of Rs.5 lakhs imposed on the LRs of the deceased petitioner vide order and judgement dated 20.12.2018 whereby the present writ petition was dismissed. 2. The primary ground raised in the application is that the applicants are This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:31:45
financially not in a position to pay the costs. 3. On 07.04.2025, this Court had noted that nothing had been brought on record to depict the income of the LRs of the deceased petitioner to ascertain their capability to pay the costs as imposed. On the prayer of the applicants, an opportunity was granted to file an affidavit showing the income of the LRs of the deceased petitioner supported by the documents, such as the Income Tax Returns for the last five years. In compliance thereof, the applicants have filed an affidavit dated 21.04.2025. 4. We have perused the contents of the said affidavit as well as the Income Tax Returns of applicant no.2 and 4 annexed thereto. 5. Having perused the contents of the affidavit and upon hearing the learned counsel for the applicants, we are inclined to allow the present application. From the IT Returns placed alongwith the affidavit, of the applicant no.2/son and applicant no.4/daughter of the deceased petitioner, we find that prima facie, the financial condition of the applicants does not appear to be sound. 6. In such circumstances, the cost imposed by this Court vide order dated 20.12.2018 to the extent of Rs.5 lakhs upon the applicants/LRs of the deceased petitioner may be onerous and burdensome. The reasons predicated whereon this Court was compelled to impose such exemplary cost seem to be justified in the facts of the case, however, at this point of time, looking at the financial condition of the applicants, we are of the considered opinion that the cost so imposed can be lowered and not completely waived. This is also to ensure that litigants do not take the court proceedings casually and do not abuse the process of the Court. 7. In view of the above, we modify the order dated 20.12.2018 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:31:45
imposing costs of Rs.5 lakhs upon the applicants/LRs of the deceased petitioner to Rs.50,000/- only. The remaining condition of payment of the modified cost with the Prime Minister National Relief Fund within a period of four weeks from today shall be maintained. An affidavit of compliance shall be filed within four weeks thereafter alongwith the receipt showing deposit of such costs. 8. List for compliance on 04.08.2025 before the Registrar General. Additionally, since we have not waived the costs completely and agree with the reasons rendered in order dated 20.12.2018, we further direct that in case no such compliance is made, the Registrar General may issue notice to the applicants/LRs of the deceased petitioner to show cause as to why such costs be not recovered as arrears of land revenue to be deposited with the Prime Minister National Relief Fund. 9. The application stands disposed of with above directions.
DEVENDRA KUMAR UPADHYAYA, CJ
TUSHAR RAO GEDELA, J APRIL 25, 2025/rl
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:31:45