Delhi High Court Dismisses Plea Against Illegal Construction Due To Lack Of Direct Interest
New Delhi:
Delhi High Court
has deprecated the filing of frivolous petitions with no direct interest in the matter. It dismissed a plea, which alleged illegal construction at a property, with Rs 50,000 costs.
A single judge bench of Justice Mini Pushkarna observed, "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 it. 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 was violated, for enforcing which, a writ petition could have been filed.
"
The plea alleged that illegal and unauthorised construction was taking place at a property near a gurdwara in Mehrauli. The court said that the litigant had no connection with the property, was living 10 km away from it, and the only ground for filing the petition was that he took the same street while coming and going to the office.
The bench, noting that no legal or fundamental right of the litigant was affected in any manner by any construction activity taking place in a property situated approximately 10 kilometres away from his residence, said that the petition was filed clearly for ulterior motives and not for the enforcement of any fundamental right of the litigant. "The present case is clearly an abuse and misuse of the process of law," the bench said.
"The present petition is dismissed with a cost of Rs 50,000, payable by the petitioner to the Delhi High Court Advocates Welfare Trust within a period of four weeks from today," the court said.
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