The Delhi High Court has cautioned that its “solemn judicial process” cannot be weaponised by blackmailers to extort money from those involved in unauthorised constructions. While reiterating that illegal structures must face strict action, the Court said it will not “aid and assist any unscrupulous person” seeking to leverage litigation for private gain.
A single-judge bench of Justice Mini Pushkarna, in a judgment dated September 18 (released Monday), dismissed a petition concerning an alleged illegal construction in Shaheen Bagh and slapped ₹50,000 in costs on the petitioner, directing payment to the Delhi High Court Advocates’ Welfare Trust.
- The Court noted a “concerning trend” of individuals with no connection to the property filing writ petitions against unauthorised constructions to extort or blackmail those raising such structures.
- It emphasised that petitions of this nature should ordinarily be entertained only by parties whose rights—such as light, air, ingress and egress—are affected.
- In the present case, the petitioner’s residence was about 2.5 km away from the property, and no fundamental or legal right of the petitioner was shown to be violated.
- The bench recorded a submission from the property owner that he had received extortion calls allegedly linked to the petitioner through common sources.
The Court noted that both the Municipal Corporation of Delhi (MCD) and the Delhi Police had acted against the unauthorised construction, and that the structure had already been demolished. Expressing satisfaction with these steps, the Court nevertheless recorded its disapproval of attempts to misuse its process.
- Costs of ₹50,000 imposed on the petitioner, payable to the Delhi High Court Advocates’ Welfare Trust.
- The Registry was directed that if any future petition related to unauthorised construction is filed by the same petitioner or the named NGO, a copy of this order must be annexed and brought to the Court’s notice.
