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2025 Supreme(Online)(Del) 7512

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J
MEENU – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI & ANR. – Respondent
W.P.(C) 13766/2025 & CM APPL. 56438/2025



Advocates:
For the Appellants/Petitioners: Mr. Amit Chaudhary
For the Respondents: Mr. Vikas Chopra, Mr. Neeraj Kumar, Ms. Sangeeta Malhotra, Mr. Vinod Kumar Gupta, Ms. Nisha Gaur, Mr. Karan Gaur, Ms. Annu Poonia, Ms. Priyanka Tomar

A petitioner must have a legitimate interest in the case; actions with ulterior motives undermine judicial process.

Headnote:The present writ petition seeks to restrain unauthorized construction at a specified property. Examination reveals that the petitioner has no legitimate concern with the property and is not a bona fide resident in the area. The court dismisses the petition with costs due to the dishonest intentions displayed by the petitioner and directs further investigation into similar petitions from the petitioner. The petition is thus dismissed, imposing a cost of Rs. 50,000/- payable by the petitioner.

Table of Content
1. petitioner's disconnection from the locality leads to question legitimacy. (Para 1 , 2 , 3)
2. court's observations from local inquiry confirm petitioner's lack of residency. (Para 4 , 10 , 11)
3. ruling that mcd must take necessary action on unauthorized construction. (Para 8 , 16)
4. court addresses oblique motives behind the filing of the petition. (Para 12 , 17)
5. final order of dismissal issued with costs and future compliance directives. (Para 18)
MINI PUSHKARNA, J. (ORAL):

1. The present writ petition has been filed for restraining respondent no. 2 from carrying out unauthorized construction at Plot No. 18, Khasra No. 361, Khata No. 147, Khewat No. 44, Rani Bagh, Rishi Nagar, Shakur Basti, Delhi -110034.

2. When the matter was listed for hearing on the first date, i.e., 09th September, 2025, this Court was informed that the petitioner had no concern with the property in question, given that she stays at least 15 streets away from the property in question. Further, the Court was informed that the petitioner is not a bona fide resident of the address, as mentioned in the Memo of Parties. The order dated 09th September, 2025, reads as under:

“1. The present writ petition has been filed seeking directions to respondent no. 1 for restraining respondent no. 2, from carrying unauthorized construction at Plot No. 18, Khasra No. 361, Khata No. 147, Khewat No. 44, Rani Bagh, Rishi Nagar, Shakur Basti, Delhi-110034.

2. Per contra, learned counsel appearing for respondent no. 2, i.e., the property owner/builder, submits that the petitioner has no concern with the property in question and that the petitioner stays at least 15 streets away. She further submits that the petitioner is not even a bonafide resident of the address, as mentioned in the memo of parties.

3. Learned counsel appearing for respondent no. 2 submits that they have verified that the petitioner does not stay at the address mentioned in her Aadhar Card, a copy of which is reproduced as under:

4. Accordingly, the Station House Officer (“SHO”) of the local Police Station is directed to ascertain the identity of the petitioner, and as to whether she is staying in the premises as per the address reflected in the aforesaid Aadhar Card.

5. Let a report be filed by the SHO, Police Station Rani Bagh, within a period of ten days, from today.

6. The petitioner is also directed to be present before this Court on the next date of hearing.

7. Re-notify on 24th September, 2025.”

3. Pursuant to the directions of this Court, a Status Report has been filed on behalf of the Station House Officer (“SHO”), Police Station-Rani Bagh, which reads as under:

4. Perusal of the aforesaid Status Report clearly shows that as per the report of the SHO, Police Station- Rani Bagh, there is no such person with the name Meenu, staying at the address mentioned in the Aadhar Card of the petitioner.

5. As per the information on record, the details of the petitioner are as follows:

Meenu

D/o Vijay Singh

Date of Birth: 15th March, 1996

Aadhaar No.: 5897 1125 5876

6. As per the petitioner, the current address and phone number of the petitioner, are as follows:

Address: X-1/61, Budh Vihar, Phase-1, Delhi-110086

Mobile No. – 8882621630

E-mail: meenumeenu77762@gmail.com

7. Considering the Status Report of the Local Police, it is clear that the petitioner is not residing in the area in question.

8. The present writ petition has clearly been filed with oblique motives.

9. This Court takes note of the submissions made by learned counsel for respondent no. 2 that as per their enquiry, no one from the locality in question has seen the petitioner ever in the said locality.

10. Further, the SHO, Police Station-Rani Bagh, also confirms the fact that no one has seen the petitioner in the locality in question, and no one recognizes who Ms. Meenu, D/O Mr. Vijay Singh is.

11. Clearly, the petitioner has no concern with the property in question, where the unauthorized construction is stated to have been carried out.

12. This Court

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