The High Court on Monday dismissed a petition by an NGO, seeking demolition of more than 40 buildings on grounds of alleged unauthorised construction in south Delhi’s Deoli.
The court noted that it looked like blackmailing litigation. An HC Bench also imposed a cost of ₹1 lakh on petitioner NGO Prerna Ek Disha Foundation.
“The so-called PIL looks like blackmailing litigation. The petition is dismissed with a cost of ₹1 lakh, to be deposited with the legal service authority,” the Bench said.
The court said the counsel for the NGO has not argued anything on the legality of the construction and merely because some construction material is lying on the road, does not mean that it was illegal.
“This can’t be a presumption of illegality of the construction. There is a wrong notion because the material is on road, the construction is illegal. The legality of the construction cannot be proved on the basis of photographs placed with the petition,” the Bench said.
It said stringent and cogent evidence is required to prove the legality or illegality of a construction.
The NGO had relied on various photographs showing construction material lying on the roads and alleged that it illegal construction.
