Delhi High Court fines dishonest litigants over illegal constructions

In four orders issued over two weeks in October, the Delhi High Court imposed costs ranging from Rs 50,000 to Rs 1 lakh on petitioners accused of using legal processes for blackmail and extortion in cases involving alleged illegal constructions. Justice Mini Pushkarna decried the trend of unscrupulous individuals approaching the court with nefarious motives to arm-twist builders. The rulings highlight efforts to curb misuse of judicial authority in Delhi's property disputes.

The Delhi High Court, under Justice Mini Pushkarna, addressed a concerning pattern of dishonest litigation in recent rulings. On October 6, the court dismissed a petition by Balbir Singh seeking demolition of alleged illegal construction on a 200-square-yard plot in Jogabai Extension, Okhla. Singh claimed ownership but admitted he had not filed for possession, prompting the court to question the "genuineness and bona fide" of his case. Justice Pushkarna observed that such petitions were filed with "nefarious designs and with an ulterior motive," imposing a Rs 50,000 cost payable to the Delhi High Court Bar Clerks’ Association.

On October 13, the court took a "very serious" view of a petition filed by Farid Ali using a stolen letterhead of Delhi Ki Galiyan NGO to demand demolition in Zakir Nagar, Okhla. The NGO's president, Akbar Ali, confirmed no authorization and that Farid Ali was not a member. With the Municipal Corporation of Delhi having already sealed the 100-square-yard property, the court ordered a police investigation into the "deception and fraud," fining Ali Rs 50,000.

October 14 saw the dismissal of Manorama Sakkerwal's plea to halt construction in Karol Bagh, where she claimed residence in a property vacant for over 20 years. The owner, Lalita Kumari, revealed prior failed litigation and an extortion complaint against Sakkerwal. The court noted the petition's "oblique" motive and suppression of facts, imposing Rs 1 lakh in costs.

Finally, on October 18, Tauqir Alam's petition against construction in Shaheen Bagh was rejected for lack of locus standi, as he did not reside nearby. The court refused to aid "blackmailers" seeking to extort money, levying Rs 50,000.

Justice Pushkarna emphasized that the court would deal strictly with those misusing processes for "dishonest considerations," protecting the integrity of judicial proceedings amid Delhi's challenges with unauthorized constructions.

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