Ex- CD director convicted for graft, Court raps civic body

A Delhi court has convicted a former MCD director for demanding a bribe of Rs 50,000 for not demolishing illegal constructions in 1997, observing that the "active support" of civic officials to builders who raise unauthorised buildings has "led to mushrooming growth of concrete structures in the city."
"I intend to observe that menace of unauthorised construction can't survive without the unholy alliance between law enforcing agencies and those who raise unauthorised construction," Special CBI Judge Ajay Kumar Kuhar said.
"Such acts by builders with the active support of officials in the MCD has led to mushrooming growth of concrete structure in the city," the court said, while convicting N S Kain, the then director of Jhuggi Jhopri and Slum Department of Municipal Corporation of Delhi (MCD).

"I have come to the conclusion that prosecution has proved beyond reasonable doubt the commission of offences under section 7 (illegal gratification received by public servant and section 13(1)(d) (criminal misconduct by public servant) of the Prevention of Corruption Act by Kain. He is held guilty for the offences and convicted accordingly," the judge said.
The court's observations came on a case filed by Sanjeev Singh, a Kalkaji resident, alleging that Kain had demanded Rs 50,000 bribe for not demolishing illegal structures raised by him and other occupants of the building in his area.
The court also pulled up Singh for raising illegal structures, saying, "If Kain is guilty of perpetuating the act of encroachment on government land despite being responsible to curb such encroachments, Singh and other occupants of the house are not less responsible and liable for violation of building bylaws rules and regulations."

It observed that the law enforcement agencies must rise to occasion to control such hazardous growth in the city.

It asked the director of Delhi Urban Shelter Improvement Board (DUSIB), to take appropriate legal action against the premises in which the unauthorised constructions have been raised, including that of the complainant's.
According to prosecution, Singh in his written complaint given on April 26, 1997 to the Anti-Corruption Bureau of CBI had alleged that Kain had demanded Rs 50,000 for not demolishing the illegal construction raised by him and other occupants of the building.
CBI had then laid a trap and arrested Kain after he accepted Rs 15,000 bribe from Singh and co-complainant Satpal Singh at his residence, it said.