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Delhi High Court Calls Out “Fake Ownership” Tactics in Illegal Construction Cases, Fines Petitioner ₹50,000

In a sharp rebuke to what it described as a growing menace, the Delhi High Court has warned against litigants who falsely pose as property owners to drag builders into legal disputes over alleged illegal constructions—only to extract personal benefits.

Justice Mini Pushkarna, while dismissing one such petition on October 6, called it an “arm-twisting strategy” and ordered the petitioner to pay ₹50,000 as costs to the Delhi High Court Bar Clerk’s Association.

“The present writ petition is clearly an attempt to arm-twist the builder for undesirable and dishonest considerations,” the judge observed. “Courts must deal strictly with those who use judicial processes for personal gain.”

The case involved a man claiming ownership of a Jamia Nagar property where he alleged illegal construction was taking place. However, the Municipal Corporation of Delhi (MCD) countered that similar complaints had already been handled in an earlier case, and necessary enforcement action had been taken.

When the Court scrutinized the petitioner’s ownership claim, it found inconsistencies. Despite alleging encroachment, he had not filed any civil suit to reclaim possession—an omission the Court found telling.

Justice Pushkarna recalled that the Court had previously clarified who could legitimately challenge unauthorized construction—only those directly affected, such as true owners or nearby residents. Yet, she noted, some have devised “a new strategy” to sidestep that rule by pretending to own the disputed property.

“Such tactics and stratagems amount to an abuse of the court’s process,” she said, stressing that misuse of the legal system “for unlawful gain” will not be tolerated.

Finding the petition to be “mala fide, nefarious, and motivated,” the Court dismissed it with exemplary costs, making clear that those who manipulate the law for personal advantage will pay the price.

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