Delhi Ki Galiyan NGO vs Deputy Commissioner & Ors.

MINI PUSHKARNA, J (ORAL)

The present writ petition has been filed seeking directions to the respondent nos. 1 to 4, to demolish the illegal and unauthorized construction at the property bearing No. E-141 (Old), 101-B (New) Street No. 21, Part of Khasra No. 175, measuring 100 Sq. yds., situated at Zakir Nagar, Jamia Nagar, Okhla, New Delhi-110025.

Today, Mr. Akbar Ali, President of the petitioner-Non-Governmental Organization (“NGO”) is present in the Court in person, and submits that he is the President of the Delhi Ki Galiyan NGO, i.e., the petitioner, and that he has not authorized anyone to file the present petition.

Mr. Akbar Ali, who submits that he is the President of the petitioner has also given his Aadhar Card, which is reproduced as under:

He has further handed over a copy of the governing body of the petitioner-NGO, as per which, there is no person named „Farid Ali‟ as a member of the petitioner-NGO. The document, as handed over by Mr. Akbar Ali, President of the petitioner-NGO, is taken on record.

He has further handed over to this Court a public notice, to submit that the letter head of the petitioner-NGO was stolen, and used unauthorizedly by Mr. Farid Ali, son of Late Sattar Ali, who has deposed in the present writ petition.

The public notice as handed over to this Court, and as stated to have been published in The Indian Express (English Newspaper) and Jan Satta (Hindi Newspaper) on 11^th September, 2025, is reproduced as under:

Mr. Akbar Ali, has also handed over a copy of a complaint with regard to the same.

All the documents as handed over by Mr. Akbar Ali, the President of the petitioner NGO, are taken on record.

Mr. Akbar Ali, President of the petitioner NGO submits that since he had not given any instruction to file the present writ petition, the present writ petition may be disposed of, as withdrawn.

It is to be noted that none appears for the petitioner, who has filed the present writ petition, when the matter is called out.

At this stage, learned counsel appearing for the respondent-Municipal Corporation of Delhi (“MCD”), submits that action with regard to the property in question has already been taken and he draws the attention of this Court to the Status Report dated 10^th October, 2025, filed on behalf of the MCD, wherein, it is clearly stated that requisite action against the property in question, has already been taken. The property in question has been sealed, and further action is now fixed for 29^th October, 2025.

The relevant portions of the said Status Report, filed on behalf of the MCD, reads as under:

Two of the total photographs, as attached by the MCD, are reproduced as under:

This Court notes that the affidavit in the present matter has been deposed by Farid Ali, son of Late Sattar Ali, who as per the complaint of Mr. Akbar Ali, is stated to be a resident of House No. 5267, Kucha Rehman, Chandni Chowk, Delhi-110006.

This Court takes note of the submission made by Mr. Akbar Ali, the President of the petitioner-NGO that the present writ petition has been filed unauthorizedly, without any authority from the said NGO. This is a very serious matter, and a case of deception and fraud being played upon this Court.

Accordingly, the Deputy Commissioner of Police (“DCP”), Central District, is directed to investigate the matter, and take appropriate action against the aforesaid Farid Ali, in accordance with law.

Clearly when an unauthorized person files a petition of this nature for taking action against unauthorized construction, the said conduct is not only deceitful, but also misuse and abuse of the process of law. Courts discharge a very critical function of dispensing justice when citizens and other bodies approach this Court for seeking relief when they are aggrieved by various actions of private individuals or statutory bodies. Thus, when such solemn process of the court is misused by parties for their personal and unlawful gains and with ulterior and covert motives, the Courts have to come down heavily on such unscrupulous persons. In the present case, filing of a petition by using name of an NGO, when the deponent has no concern with such NGO and has not been authorized by such NGO to file any petition in its name, is a gross misdeed and malpractice, which cannot be condoned or let off in a light manner.

Accordingly, considering the submissions made before this Court, cost of Rs. 50,000/- is imposed upon Mr. Farid Ali, son of Late Sattar Ali, resident of House No. 5267, Kucha Rehman, Chandni Chowk, Delhi-110006.

The aforesaid cost of Rs. 50,000/- shall be payable by the aforesaid Farid Ali, to “DHC Bar Clerk Association”, within a period of six weeks, from today.

The DCP, Central District shall ensure that the aforesaid amount is duly paid by the aforesaid Farid Ali, in terms of the directions issued by this Court.

In case, the aforesaid Farid Ali, who has deposed the present writ petition, does not deposit the costs as imposed by this Court within a period of six weeks, the present matter shall be listed before the Registrar of this Court after a period of six weeks, for compliance.

Accordingly, noting the aforesaid, the present writ petition is disposed of.