Delhi HC imposes Rs 50k after plea seeks action on illegal construction 10 km away from home

The Delhi High Court has imposed a Rs 50,000 fine on a litigant who alleged illegal construction activity 10 kilometer away from where he lives.

Justice Mini Pushkarna said the petitioner's legal or fundamental right was ''evidently not affected by an activity'' 10 kilometer away from his residence.

The court observed the plea was filed with an ''ulterior motive'' and could not be entertained.

The petitioner, as a result, was ordered to deposit the amount towards Delhi High Court Advocates' Welfare Trust within four weeks.

''The only ground for filing the present petition is that the petitioner uses the same street while coming and going to the office. The present case is clearly an abuse and misuse of the process of law,'' said the court on May 29.

The court added, ''It is evident that no legal or fundamental right of the petitioner is affected in any manner by any construction activity taking place in a property, which is situated approximately 10 kilometers away from the residence of the petitioner.'' Filing petitions over matters where a litigant has no direct interest was deprecated, and in the present case, it was evident that the petitioner had no connection with the property in question, the court said.

The petitioner, who lives in Vasant Vihar, said while travelling to work and back, he noticed illegal and unauthorised construction activity in Mehrauli.

He alleged construction all the way up to the sixth floor in a building and plans to build an additional floor aside from other illegal alternations.

The MCD counsel said ''part action'' was taken in relation to the premises and another plea on the same issue was pending.

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