Chandigarh, September 24
Virtually passing strictures on Bharat Sanchar Nigam Limited (BSNL) for making an effort to “pollute the stream of justice by misleading the Court” in a property eviction matter, a Division Bench of the Punjab and Haryana High Court has imposed a cost of Rs 1 lakh on the organisation. The amount is to be spent on safeguarding protected monument “Royal Shahi Samadhan” at Patiala.
Going into the background of the controversy, Acting Chief Justice MM Kumar and Justice Gurdev Singh asserted the ancient monument was declared as a protected monument by Punjab Department of Cultural Affairs, Archeology and Museums, on February 27, 2009. “It was found that the petitioner-appellant has established its office and tower on the protected monument area without any prior sanction and permission of the competent authority….”
The Bench observed that eviction order was issued on August 23 last, but the fact was not brought to the notice of the Court. “The suppression of the order assumes great significance because the petitioner-appellant failed to reveal that the order dated August 23, 2010, stands implemented and they have been deprived of possession. However, they proceeded to institute the writ petition….”
In its detailed order, the Bench observed: “The Writ Courts are the Courts of Equity. The Courts of Equity are required to be kept absolutely clean. There are well known maxims of equity viz., he who seeks equity must do equity and who comes to equity must come to it with clean hands and the misrepresentation before a Court of equity is fatal….
“We find that an effort has been made to pollute the stream of justice by misleading the Court. Accordingly, we hold that the petitioner-appellant is not entitled to any relief…. which even otherwise would not be available to it….
“The cost shall be paid to the Department of Cultural Affairs Archaeology and Museums, Punjab. The amount is required to be spent on protecting and upkeep of the protected monument, namely Royal Shahi Samadhan, situated at Patiala and it would not be utilised for any other purpose. The cost shall be paid within a period of two months failing which appropriate proceedings be undertaken.
Virtually passing strictures on Bharat Sanchar Nigam Limited (BSNL) for making an effort to “pollute the stream of justice by misleading the Court” in a property eviction matter, a Division Bench of the Punjab and Haryana High Court has imposed a cost of Rs 1 lakh on the organisation. The amount is to be spent on safeguarding protected monument “Royal Shahi Samadhan” at Patiala.
Going into the background of the controversy, Acting Chief Justice MM Kumar and Justice Gurdev Singh asserted the ancient monument was declared as a protected monument by Punjab Department of Cultural Affairs, Archeology and Museums, on February 27, 2009. “It was found that the petitioner-appellant has established its office and tower on the protected monument area without any prior sanction and permission of the competent authority….”
The Bench observed that eviction order was issued on August 23 last, but the fact was not brought to the notice of the Court. “The suppression of the order assumes great significance because the petitioner-appellant failed to reveal that the order dated August 23, 2010, stands implemented and they have been deprived of possession. However, they proceeded to institute the writ petition….”
In its detailed order, the Bench observed: “The Writ Courts are the Courts of Equity. The Courts of Equity are required to be kept absolutely clean. There are well known maxims of equity viz., he who seeks equity must do equity and who comes to equity must come to it with clean hands and the misrepresentation before a Court of equity is fatal….
“We find that an effort has been made to pollute the stream of justice by misleading the Court. Accordingly, we hold that the petitioner-appellant is not entitled to any relief…. which even otherwise would not be available to it….
“The cost shall be paid to the Department of Cultural Affairs Archaeology and Museums, Punjab. The amount is required to be spent on protecting and upkeep of the protected monument, namely Royal Shahi Samadhan, situated at Patiala and it would not be utilised for any other purpose. The cost shall be paid within a period of two months failing which appropriate proceedings be undertaken.
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