The misuse of public interest litigation for personal gain or vendetta is not permissible, and the court may impose costs on petitioners in such cases.

JUDGMENT

Subramonium Prasad, J. The instant writ petition under Article 226 of the Constitution of India has been filed as a Public Interest Litigation with the following prayers:

"i. Issue a writ in nature of Certiorari or any other similar Writ, Order/Directions whereby setting aside/quashing the new parking rates to be implemented by the respondent no.2 as per its order/tender dated 12.8.2022 No 5-9/2021/Parking Estate.

ii. Issue a Writ of mandamus or any other writ, order or direction thereby directing the respondent no. 1 to formulate a uniform Parking Fees Policy to be followed by all its Government Hospitals in order to avoid any excessive rates being implemented by the Estate officers of respective Government Hospitals being funded by Central Government.

iii. To Direct the respondents to immediately pass the necessary order to have a price capping on parking charges and the contractors should not be given unfettered right to fleece the general public.

iv. Pass any such further order or orders, direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioner and against the respondents.

v. Allow the present writ petition of the petitioners with cost."

2. The Petitioner, who is associated with National Panthers Party and is the President of its Delhi Unit, came to know about the enhancement of parking fees in the Safdarjung Hospital/Respondent No.2 payable by the visitors/attendants and patients who visit regularly to attend OPD and park their cars and two wheelers in the parking area earmarked in the hospital. It is stated that there is a substantial increase in the parking fees for the parking area in the hospital. The new rates for the parking in the hospital reads as under:

3. It is stated that there is no capping in the parking fees that can be charged for parking the vehicle. It is stated that the person who wants to park his vehicle for 24 hours will have to pay Rs.230/- for two wheeler and Rs.460/- for cars for a single day.

4. It is this hike of parking fee which is under challenge in the instant petition.

5. Material on record shows that the Petitioner had earlier filed a writ petition bearing W.P.(C) 1053/2023 before this Court challenging the enhancement of parking charges in VMMC and Safdarjung Hospital. This Court on 27.01.2023 passed the following Order:

"The Petitioner before this Court has filed the present Writ Petition as a Public Interest Litigation for quashment of order dated 12.08.2022 issued in respect of parking charges by Respondent No.2 VMMC and Safdarjung Hospital.

Learned Counsel, at the outset, has stated that he has submitted a detailed representation (Annexure P9 at Page 57 of the Writ Petition) to the Authority and sought that the authorities be directed to look into the representation and the grievances which have been placed in public interest at large. The prayer appears to be a genuine prayer, and the Learned Counsel appearing for Respondent Hospital was fair enough in stating before this Court that the Hospital shall look into the grievances raised by the Petitioner in a time bound manner, and the representation shall be decided, in accordance with law, within a period of four months from today.

With the aforesaid, the present PIL stands disposed of."

6. Pursuant to the Order 27.01.2023 passed by this Court, a Committee was formed to consider the issue and the said Committee gave a report dated 28.02.2023 which reads as under:

"Govt of India

VMMC & Safdarjung Hospital

New Delhi

No.AddlMS/K.S. 2023

Date: 28.02.2023

The Committee's report

The committee reviewed the decision of parking charges revision. It is concluded that the revised parking charges are justified in view of following facts:

Safdarjung Hospital has got very limited parking space, and most of the patients visiting hospital are poor and commute by public buses or three