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DELHI HIGH COURT
SANJEEV SACHDEVA
Shiv Kumar – Appellant
Versus
South Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)--The hearing was conducted through video conferencing.
2. Petitioner seeks a direction against the respondent to take action against the alleged illegal construction being raised on property no. G-9/4, Gali No. 9, Ratia Marg, Sangam Vihar, New Delhi.
3. It is conceded by learned counsel for the petitioner that petitioner has no connection with the property and is also not a neighbour of the subject property.
4. He concedes that neither his light, air nor ingress - egress is affected by the alleged illegal construction.
5. A Petition under article 226 of the Constitution of India would lie for enforcement of the fundamental rights or other legal rights. Petitioner, admittedly, does not have any connection with the subject property and has failed to show as to which legal right of the petitioner is affected by the alleged illegal construction.
6. It is submitted that by learned counsel for the petitioner that son of respondent no. 2 had filed a petition against several illegally constructed properties in the vicinity and Corporation is taking action on his complaint.
7. This petition seems to be a retaliatory petition filed by the petit
A neighbor lacks legal standing to challenge illegal construction unless their legal rights are adversely affected.
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 petition under Article 226 is not maintainable unless the petitioner demonstrates locus standi and establishes a connection to the property in question.
The principle of negative equality does not apply, and action can be taken against unauthorized construction regardless of inaction by the Corporation on other illegal constructions in the society.
Unauthorized construction cannot be defended based on inaction against other similar violations; each case must be treated according to its own merits.
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