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Illegal construction: Delhi High Court imposes Rs 50,000 cost on petitioner for ‘misuse of law’

Delhi HC illegal construction, Laxmi Nagar illegal construction: Justice Mini Pushkarna held that the man could not have filed the plea given the petitioner neither staying within the vicinity nor had direct connection with the property.

3 min readNew DelhiUpdated: Dec 10, 2025 06:32 PM IST

While imposing the cost Delhi High Court said that the court has already held the process for plea in unauthorised construction cases.

Delhi HC illegal construction: While imposing the cost Delhi High Court said that the court has already held the process for plea in unauthorised construction cases. (Image is generated using AI)

Laxmi Nagar illegal construction: The Delhi High Court has imposed a Rs 50,000 cost on a man who sought directions to the MCD, claiming unauthorised construction in Laxmi Nagar area, after it found that he neither stayed “within the vicinity of the property” nor had “any direct connection” with it.

Justice Mini Pushkarna was hearing the man’s plea for a direction to the Municipal Corporation of Delhi (MCD) against illegal and unauthorised construction on a property in the area.

Calling it a “misuse and abuse of the process of law”, the order added, “This Court has already held in various cases that a petition about unauthorised construction shall be maintainable by only those persons who are directly affected by the said unauthorised construction.”

While imposing the cost, the court observed that the verification report of the police categorically stated that the petitioner did not reside in the property in question.

The court also took on record the statement made on behalf of the petitioner by advocate Deepesh Bhardwaj that the petitioner had moved out from the premises, as he was living there on rent.

Also Read | Four Delhi residents tried to make a quick buck over illegal construction — till the court stepped in

Case

When the matter was listed for hearing on November 3, the MCD raised an objection and submitted that the petitioner was not living at the address he had provided.

Acting on the statement, the court directed the local police authorities to visit the premises and submit a verification report on whether the petitioner lived in the given address or not.

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The verification report claimed that the petitioner did not live at the address in question.

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‘No locus’

The court held that the petitioner had no occasion to file the present petition with regard to a property, when he was neither staying within the vicinity nor had direct connection with the property.

“Therefore, clearly, petitioner has no locus to file the present plea with regard to any unauthorised construction being carried out in the property,” the December 5 order said.

While allowing the man to withdraw the petition, the court imposed a cost of Rs 50,000 on him which was ordered to be “paid within a period of four weeks of the order”.

Jagriti Rai

Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More