Delhi High Court Dismisses Writ Petition Filed with Malafide Intentions
Petitioner Ordered to Pay Costs for Misusing Judicial Process to Arm-Twist Builder
The Delhi High Court, on October 6, 2025, dismissed a writ petition filed by Shri Balbir Singh against the Municipal Corporation of Delhi (MCD) and others, regarding the unauthorized construction on property situated at Jogabai Extension, Okhla, New Delhi. The petitioner claimed ownership of the property and sought its demolition due to illegal construction by respondents. However, the court found that the petition was filed with dishonest intentions and lacked bona fide claims, as no suit for possession had been initiated by the petitioner.
The case, presided over by Ms. Mini Pushkarna, J., highlighted the issue of misuse of the judicial system by individuals attempting to exert undue pressure on builders for personal gains. The court noted that the petitioner had not taken any legal action to assert ownership, such as filing a suit for possession, thereby raising doubts about the legitimacy of the claims.
The court referenced a previous judgment from September 19, 2025, in the case of "Ragib Khan v. Commissioner MCD," involving the same property and similar claims of ownership. In that case, the MCD had already taken necessary action against unauthorized constructions, confirmed by a status report detailing the demolition of unauthorized floors and preventive measures to stop further illegal activities.
The court emphasized that only individuals directly affected by unauthorized construction, such as immediate neighbors, have the standing to file such petitions. It condemned the strategy employed by certain parties to circumvent this constraint by falsely claiming ownership of properties.
In light of these findings, the court dismissed the petition, imposing a cost of Rs. 50,000 on the petitioner, payable to the Delhi High Court Bar Clerk's Association. This decision serves as a stern warning against the misuse of the judicial process for dishonest purposes.
Bottom Line:
Writ petition dismissed due to misuse of judicial process for dishonest considerations; cost imposed.
Statutory provision(s): Article 226 of the Constitution of India, Delhi Municipal Corporation Act, 1957 Sections 343/344
Shri Balbir Singh v. Municipal Corporation of Delhi, (Delhi) : Law Finder Doc Id # 2790204
