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MANOJ KUMAR OHRI
Yogesh Middha – Appellant
Versus
Municipal Corporation Of Delhi (south) – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - The present petition has been filed under article 226 of the Constitution of India on behalf of the petitioner seeking directions to respondent No.4 to stop illegal and unauthorised construction allegedly being carried out by him at property bearing No. 895, C-23 and C-25, Ward No.8, Near Mehta Chowk, Mehrauli, New Delhi-110030 (hereinafter, referred to as the 'subject property'), as well as to respondent Nos. 1 to 3 to demolish the illegal and unauthorised structure so constructed by respondent No.4 at the subject property and to seal the same.
2. The petitioner has claimed that respondent No.4 is the builder/owner/occupier of the subject property and resides in the same locality as him. It is his grievance that respondent No.4 is carrying out illegal and unauthorised construction at the subject property, and in course of the same, bricks, malba, badarpur, etc. have been dumped on public street, which are causing inconvenience to the petitioner. The petitioner has also alleged that for the purpose of construction at the subject property, poor-quality material is being used and the same poses risks to the petitioner as well as other residents and passe
A petition under article 226 of the Constitution of India lies only for enforcement of a fundamental or legal right, and lack of locus standi and failure to demonstrate infringement of fundamental or....
A neighbor lacks legal standing to challenge illegal construction unless their legal rights are adversely affected.
A petition under Article 226 is not maintainable unless the petitioner demonstrates locus standi and establishes a connection to the property in question.
Petitioners cannot invoke Article 226 for unauthorized construction disputes when no legitimate rights are affected; civil remedies suffice.
Writ jurisdiction cannot entertain disputed questions of fact when parallel civil proceedings are initiated for the same relief.
The court emphasized the necessity of adhering to principles of natural justice and legal requirements in construction activities, ensuring no unauthorized actions occur without proper sanction.
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