$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7957/2025 & CM APPL. 49336/2025 ANIL .....Petitioner Through: Mr. Jai Sahai Endlaw, Mr. Ashish Kumar, Mr. Ashish Dutta, Mr. Nishikant Singh and Mr. Mayank, Advs. (Through VC) Mob: 8989810577 Email: ashish@jsechambers.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Ms. Akanksha Gupta, Adv. for R- MCD Mob: 9013799111 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 12.08.2025 CM APPL. 49336/2025 1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking waiver of the cost imposed by this Court vide order dated 29th May, 2025. 2. It is submitted that the petitioner acted in good faith and public interest, without suppression or malice, against illegal construction. It is further submitted that the petitioner is a public spirited individual, with no personal stake, in the subject matter. The intention of the petitioner was only to act as a good Samaritan, as the construction activities were wreaking havoc in the society, and also degrading the environment. 3. It is further submitted that the petitioner does not live in Vasant Vihar 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 18/08/2025 at 12:41:30 currently, as he stayed there as a tenant earlier. Thus, the address of the petitioner was incorrectly mentioned in the petition. 4. It is submitted that the petitioner is actually staying in building no. 10, Royal Apartment, DESU Road, New Delhi-110030, which is near the residence of respondent nos. 4 and 5, where the illegal construction is taking place. 5. This Court finds that the averments made in the present application are clearly an afterthought. In the petition, the address of the petitioner had categorically been stated as A-354, Kusumpur Pahari, Vasant Vihar, New Delhi-110057. However, the petitioner has now given a different address as his residence, whereas, the address of respondent nos. 3 and 4 has now been given as Vasant Vihar, which is clearly not the case, as the present petition pertains to the construction activities being carried out by respondent nos. 3 and 5 in Mehrauli. Thus, it is clear that the submissions made before this Court are an afterthought, with a view to obtain a favorable order from this Court, so that the order imposing cost on the petitioner, is modified. 6. The petitioner submits that he is a delivery boy in Swiggy/Zomato, and the only bread earner in his family, and is not financially sound to pay the cost. 7. This Court notes that the very basis of filing of the present writ petition was that the petitioner used to pass from the street in question, wherein, the unauthorized construction was going on. It is to be noted that if the petitioner is a delivery boy in Swiggy/Zomato, he would be travelling all over the city for making deliveries. Therefore, the said explanation by the petitioner does not give any credence to the submission made by him. 8. Clearly, the petitioner who claims himself to be a public spirited 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 18/08/2025 at 12:41:30 person, would not file a case with respect to a construction which is approximately 10 kms. away from his place of residence or with regard to a construction which he may notice during the course of his job while travelling to different parts of the city for delivery of the orders. This Court has noticed in a number of cases that various persons like the petitioner, act either on their own behalf, or as a front for someone else, and file various petitions before this Court with regard to unauthorized construction, with ulterior motives. The intention of filing such petitions is clearly not in public interest. Such conduct has to be thwarted and nipped in the bud. 9. Thus, the petitioner cannot expect any leniency from this Court, when he has not approached this Court with clean hands. 10. Accordingly, no merit is found in the present application and the same is dismissed in the aforesaid terms. MINI PUSHKARNA, J AUGUST 12, 2025/SK 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 18/08/2025 at 12:41:30