Judicial Process Can't Be Used To Extort Money From Those Undertaking Unauthorised Constructions: Delhi High Court

The Delhi High Court has ruled that the judicial process cannot be used to extort money from those undertaking unauthorised constructions.

Justice Mini Pushkarna said that various petitions have been filed against unauthorized constructions with the sole motive to extort money.

“The process of this Court is solemn, which is to be resorted to, only for the purposes of seeking justice before this Court. However, the solemn process of this Court cannot be used by blackmailers for the purposes of extorting money from the persons who are undertaking unauthorized constructions,” the Court said.

It imposed Rs. 50,000 costs on a man who filed two petitions seeking action against alleged unauthorised construction in a property situated at Shaheen Bagh. The costs is to be deposited with the Delhi High Court Advocates' Welfare Trust.

The Court said that the man was staying two and a half kilometers away from the premises and that none of his legal or fundamental right was being violated.

“While on the one hand, strict action has to be taken against the unauthorized construction, at the same time, this Court will not aid and assist any unscrupulous person with a view to extort money from the persons who are raising such unauthorized construction, and who have no relation to the unauthorized construction in the subject property,” the Court said.

It added that the said practice being adopted by unscrupulous litigants in matters of unauthorized construction exhibits a concerning trend.

The Court said that litigants which have no relation to a property, are using untoward approaches to extort or blackmail persons who are raising unauthorized constructions.

“Accordingly, this Court notes that in the present case the requisite action has already been taken by the MCD and the police against the unauthorized construction existing in the property in question. At the same time, this Court cannot ignore the fact that the petitioner has no concern with the unauthorized construction in question, as the residence of the petitioner is approximately two and a half kilometers from the premises in question,” it said.

Title: TAUQIR ALAM v. ASHWANI KUMAR & ORS & other connected matter

Citation: 2025 LiveLaw (Del) 1177

Click here to read order