'No Direct Interest': Delhi High Court Imposes ₹50K Costs On Frivolous Plea Alleging Illegal Construction

While dismissing a plea alleging illegal construction at a property with Rs. 50,000 costs, the Delhi High Court has deprecated filing of frivolous petitions with no direct interest in the matter.

Justice Mini Pushkarna observed that the litigant had no connection with the property, was living 10 kms away from it and the only ground for filing the petition was that he had the same street while coming and going to the office.

“The present case is clearly an abuse and misuse of the process of law. Filing of such petitions, wherein, the petitioners have no direct interest, is deprecated by Courts,” the Court said.

The plea alleged that illegal and unauthorised construction was taking place at a property near a gurudwara in Mehrauli area.

“In the present case, it is evident that the petitioner does not have any connection with the property in question and is staying far away from therein. Thus, there is no cause of action in favour of the petitioner to file the present writ petition under Article 226 of the Constitution of India, as no right of the petitioner has been violated, for enforcing which, a writ petition could have been filed,” the Court said.

It added that no legal or fundamental right of the litigant was affected in any manner by any construction activity taking place in a property, which was situated approximately 10 KMs away from his residence.

The Court concluded that the petition was filed clearly for ulterior motives and not for enforcement of any fundamental right of the litigant. Such a petition cannot be entertained by this Court, it said.

“Considering the aforesaid, the present petition is dismissed with cost of Rs. 50,000/-, payable by the petitioner to Delhi High Court Advocates‟ Welfare Trust…within a period of four weeks from today,” the Court said.

Title: ANIL v. MUNICIPAL CORPORATION OF DELHI & ORS.

Citation: 2025 LiveLaw (Del) 656

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