 "Delhi High Court")
The Municipal Corporation of Delhi (MCD) approached the Delhi High Court on Friday against an order of the Lokpal of India directing a CBI investigation against its officials on the basis of a complaint about alleged illegal and unauthorised constructions in the city.
Justice Prathiba M Singh, while refusing to pass an interim order of stay "at this stage" deferred the hearing till January 5.
She asked the counsel for the petitioner to serve a copy of the petition to the Lokpal in the meantime.
Senior counsel Rajshekhar Rao, appearing for the municipal body, urged the court to stay further proceedings. The judge, however, said she will pass an order of stay if a case is made out against the MCD on the next date of hearing.
Lokpal is consisting of three members with a retired high court... Once the Lokpal has considered the matter, there are some reasons. I have to hear them, said the court.
List on January 5. Advance intimation be given to the respondent Lokpal, it ordered.
Rao contended that if CBI a investigation is offered in a case such as the present one, nobody would be able to do their work and, by the same logic, a probe should also be ordered against the police for crimes in the city.
The court, however, said, MCD can't be equated with Delhi police and voiced its concern with respect to illegal structures.
MCD engineers are a problem. Unauthorised construction, encroachment, everything takes place. Something has to be done, the court said.
If you make out a case on the next date, I will stay the proceedings, it said.
The complainant Vikram Singh Saini, a former General Secretary of Samajwadi Yuvjan Sabha, made a complaint in December 2021 against certain MCD officials, alleging certain "illegal constructions" in South Delhi were because of their conduct.
The said officials have also been named as petitioners in the case along with the MCD.
In the petition filed through lawyer Sanjay Vashisht, the MCD claimed that the complainant, without following the requisite procedure, filed a frivolous, unsubstantiated and a vague complaint to the Lokpal and the same does not even make allegations with respect to corrupt activities.
It said that the Lokpal passed a blanket order on the basis of an incoherent and general complaint with respect to illegal constructions in South Delhi in 2020-21.
The Respondent, despite appreciating the fact that the complaint was not filed in a proper format and the fact that the complaint dated 30.12.2021 does not contain any specific allegations of corruption against the concerned officials, have passed an impugned order dated 28.11.2022, the plea said.
The petition said the data unequivocally depicts a steady decline" in the incidence of unauthorised constructions in the south zone and the officials have been discharging their duties with due diligence and coherence.
The fact that is also evident from the following figures in terms of availability of data from the year 2018. That out of 1141 properties booked 606 were demolished, 223 were sealed, prosecution in 326 and letter in all such properties were duly issued, the MCD said in its plea.
The impugned order is devoid of jurisdiction and is a transgression of scope and authority vested with the Hon'ble Lokpal of India under the statute inasmuch in the absence of any inculpatory/incriminating document or material, inquiry or otherwise to showcase a prima facie case of corruption and especially in the absence of prior sanction from the appropriate government, the MCD petition said.
The plea said though illegal unauthorised construction was a menace to blame it on a certain segment of officials shall cause great "mental and psychological" agony to the ground force.
It claimed the Lokpal order violated the principles of natural justice as the investigation was ordered against public servants belonging to the MCD while they were not a party before it.
The plea alleged the complainant was trying to influence the officials of the corporation to seek undue favours by filing numerous RTIs.
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