Taking note of the submission of the petitioner that an MLA and his family members have been using the siren since 2017, the Bench of Chief Justice Raghvendra Singh Chauhan and Justice Narayan Singh Dhanik observed thus:
"...no Public Interest Litigation has been filed the petitioner for the last four years. It is only when the election season has started that a Public Interest Litigation has been filed targeting a sitting MLA."
Therefore, the Court added, obviously, this Public Interest Litigation is highly motivated by political consideration that tantamounts to the abuse of the process of the law, and the process of the Court.
Therefore, the Court dismissed the PIL petition by imposing a cost of Rs.50,000/- upon the petitioner, to be deposited with the Uttarakhand High Court Bar Association Welfare Fund.
The Registrar (Judicial) has been directed to inform the District Magistrate, Haridwar, whether the said amount has been deposited within the stipulated period of two weeks, or not.
"The District Magistrate, Haridwar is directed to ensure that, in case, the said amount is not deposited with the Uttarakhand High Court Bar Association Welfare Fund within a period of two weeks, he shall recover the said amount as arrears of land revenue," the Court further directed.
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