Court process can't be used by blackmailers to extort money: Delhi HC

New Delhi, Sep 22 (PTI) The Delhi High Court has held that the solemn judicial process cannot be used by blackmailers for extorting money from persons undertaking unauthorised constructions and imposed Rs 50,000 costs on a litigant for filing such a petition.

The high court said strict action has to be taken against the unauthorised construction, at the same time, it will not aid and assist any unscrupulous person with a view to extort money from the persons who are raising such unauthorised construction and who have no relation to the unauthorised construction in the property.

"This court in a number of petitions has already deprecated the conduct of parties, wherein, writ petitions against unauthorised constructions are filed 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 unauthorised constructions," Justice Mini Pushkarna said in a judgment passed on September 18 and made available on Monday.

The high court said petitioner Tauqir Alam has adopted the modus operandi of filing petitions in the name of NGO Manav Samaj Sudhar Suraksha Sanstha and this practice being adopted by unscrupulous litigants in matters of unauthorised construction exhibits a concerning trend.

Litigants who have no relation to a property, are using untoward approaches to extort or blackmail persons who are raising unauthorised constructions, it said.

The court passed the order on a petition by Alam seeking direction to the authorities to demolish the illegal and unauthorised construction undertaken in a property in Shaheen Bagh area here.

The court noted that the Municipal Corporation of Delhi (MCD) and Delhi Police have taken action and the unauthorised construction has been demolished.

It was told that the petitioner's residence is around two and a half kilometers away from the subject property.

To this, the judge said no legal or fundamental right of the petitioner is being violated and the court in various matters had already stated that writ petitions with regard to unauthorised construction should be entertained only on behalf of the parties, whose rights with respect to light, air, ingress and egress are being violated.

"Clearly, no fundamental or legal rights of the petitioner are being affected by the unauthorised construction in the property in question, especially when the petitioner does not even reside in the vicinity of the subject property.

"This court further takes note of the submission made by the counsel appearing for respondent no. 6 (property owner) that he has been receiving calls for extortion from the petitioner through common sources," the court said.

The court expressed satisfaction with the action taken by the authorities against the unauthorised construction.

"However, considering the submissions made before this court, cost of Rs 50,000 is imposed upon the petitioner, payable to Delhi High Court Advocates' Welfare Trust...," it ordered.

It also directed the court registry that whenever any petition against any unauthorised construction is filed by Tauqir Alam or Manav Samaj Sudhar Suraksha Sanstha (NGO), a copy of this order should be attached to the plea and be brought to the notice of the court. PTI SKV SKV AMK AMK