Court Can't Be Used As Tool To Extort Money From Persons Carrying Out Unauthorised Construction: Delhi High Court

The Delhi High Court has observed that it cannot be used as a tool to extort money from those carrying out unauthorised construction in the national capital.

“Though, this Court recognizes the fact that action against unauthorized construction has to be taken strictly, at the same time, this Court cannot be used as a tool to extort money from the persons carrying out such construction. This is clearly abuse and misuse of the process of the Court,” Justice Mini Pushkarna said.

The Court was dealing with a plea filed by a man seeking directions on the authorities to stop and demolish the illegal and unauthorized construction by three individuals at a property in city's Jamia Nagar area.

The counsel appearing for the three individuals said that three petitions were received by them with respect to the same property. It was submitted that various persons were acting as a group of extortionists, in order to extort money from the persons carrying on construction.

The Court noted that the petitioner was not a resident of Delhi and was not concerned either with the construction in question, or had any concern with the locality, as he was staying in Amroha, Uttar Pradesh.

MCD's counsel submitted that a Show Cause Notice was issued followed by a Demolition Order after which part demolition action was already taken on July 10 and further action was fixed for September 04.

Special Task Force's counsel submitted that there were many cases before the High Court, wherein, petitions were filed by persons who neither stay in the locality nor had any concern with the property they seek relief against.

The Court recorded that none appeared for the petitioner when the matter was called out, despite the fact that the case had been heard for some time before passing of the order.

The Court noted that various petitions were filed by persons who had no concern with the property and that the pleas are filed only with a view to extort money from the person carrying out construction.

“The Court notes the submissions made by learned counsel appearing for respondent nos. 6 to 8 that they have been receiving calls for extortion of money, on account of the construction carried out by them. This Court deprecates this practice,” the Court said.

It noted that the MCD was already taking requisite action against the unauthorized construction existing in the property in question but the presence of any unauthorized construction does not justify filing of such petitions, with a view to blackmail persons, in order to extort money from them.

“Accordingly, considering the action already taken by the MCD, no further directions are required to be passed by this Court, as regards the action to be taken against the unauthorised construction,” the Court said.

However, it directed the concerned DCP to undertake an investigation as to how, different petitions were being filed with respect to the same property by different persons.

The antecedents of the petitioner may also be investigated, it added.

Title: AALIM v. MUNICIPAL CORPORATION OF DELHI & ORS

Citation: 2025 LiveLaw (Del) 989

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