Delhi High Court Imposes ₹1 Lakh Cost On Woman Alleging Unauthorized Construction, Says No Leeway For Blackmail
The Delhi High Court has imposed a costs of Rs. 1 lakh on a woman for misusing the judicial process and suppression of material facts in her petition alleging unauthorized construction at a property located in city's Karol Bagh area.
Justice Mini Pushkarna said that the woman failed to disclose in the suit that a civil suit was filed before the trial court on the same cause of action and that she did not stay at the property in question which was lying vacant for last more than twenty years.
The Court said that any party which makes a false statement or suppresses any material facts or attempts to mislead the Court, their writ petition is liable to be dismissed on the said ground alone.
It further noted that the petitioner woman had been approaching one of the respondents, with a view to extort money. Taking strong objection to the facts, the Court said that no party can be allowed to use judicial process for ulterior motives and with to extort money from another party on the basis that such party is carrying out unauthorized construction.
“There is no doubt that this Court takes very serious note of cases wherever unauthorized construction is carried out, however, the same does not give any leeway to any party to blackmail such persons, who are raising such construction. This is clearly a gross abuse of the process of law,” the Court said.
It added that the writ petition filed by the petitioner woman was by way of oblique motives and not for seeking justice, for which the Courts of Law have been established.
“Accordingly, in view of the detailed discussion hereinabove, the present writ petition is dismissed with cost of Rs. 1,00,000/- (Rupees One Lac), to be paid by the petitioner,” the Court said.
The costs have to be deposited with the Delhi High Court Advocates' Welfare Trust.
Title: MANORAMA SAKKERWAL v. MUNICIPAL CORPORATION OF DELHI & ORS
Citation: 2025 LiveLaw (Del) 1337