The Delhi High Court observed that writ petitions with regard to unauthorized construction shall be entertained only on behalf of the parties, whose rights with respect to light, air, ingress and egress, etc., are being violated.

The Court also said no fundamental or legal rights of the petitioner are being affected by the unauthorized construction in the property in question, especially when the said petitioner does not even reside in the vicinity of the subject property.

The Bench of Justice Mini Pushkarna observed, “From the aforesaid, it is apparent that the petitioner is staying two and a half kilometers away from the premises in question. Thus, no legal or fundamental right of the petitioner is being violated. This Court in various petitions had already stated that writ petitions with regard to unauthorized construction shall be entertained only on behalf of the parties, whose rights with respect to light, air, ingress and egress, etc., are being violated.”

Advocate Anubhav Dubey represented the Petitioner, while Advocates Abhinav Singh, Ashish K. Dixit and Rajesh Kumar Singh represented the Respondents.

Case Brief

A Writ Petition was filed seeking directions to demolish the illegal and unauthorized construction. As per the report of Municipal Corporation of Delhi, necessary action has been taken against the property in question.

While the Respondent, whose property was sought to be demolished, contended that the Petitioner was extortionist and a blackmailer. He further submitted that the said Petitioner has formed a Non-Government Organization by the name of “Manav Samaj Sudhar Suraksha Sanstha” and the said NGO has been filing petitions in the name of the Petitioner.

Court’s Observation

At the outset, the High Court noted that the residence of the Petitioner, as per the details given in the Memo of Parties was approximately two and a half kilometres from the property, which was subject matter of the present writ petition.

“From the aforesaid, it is apparent that the petitioner is staying two and a half kilometers away from the premises in question. Thus, no legal or fundamental right of the petitioner is being violated. This Court in various petitions had already stated that writ petitions with regard to unauthorized construction shall be entertained only on behalf of the parties, whose rights with respect to light, air, ingress and egress, etc., are being violated”, the Court observed.

The High Court acknowledged that a number of petitions were being filed with the sole motive to extort money. The Court observed that the process of the Court cannot be used by blackmailers for the purposes of extorting money from the persons who are undertaking unauthorized constructions.

“While on the one hand, strict action has to be taken against the unauthorized construction, at the same time, this Court will not aid and assist any unscrupulous person with a view to extort money from the persons who are raising such unauthorized construction, and who have no relation to the unauthorized construction in the subject property”, the Court said.

Subsequently, the Court imposed a cost of Rs, 50,000/- on the Petitioner and directed the Registry that whenever any writ petition against any unauthorized construction will be filed by Tauqir Alam or by Manav Samaj Sudhar Suraksha Sanstha (NGO), copy of the said Order would be attached to the said petition and be brought to the notice of the Court.

Accordingly, the Petition was dismissed.

Cause Title: Tauqir Alam V. Ashwani Kumar & Ors. (Neutral Citation: 2025:DHC:8401)

Appearance:

Petitioner: Advocate Anubhav Dubey

Respondent: Advocates Abhinav Singh, Ashish K. Dixit Rajesh Kumar Singh, Rohish Arora and Amit Biduri

Click here to read/download Order


Delhi High CourtJustice Mini Pushkarna

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.