The Delhi High Court on Wednesday regulated the CBI from continuing with the appeal for Lokpal coordinating an examination against the management of MCD and different divisions for permitting unapproved construction in South Delhi and surrounding areas. The request for Lokpal was challenged by the MCD.
Justice Prathiba M Singh said, “Considering the issue raised by the petitioner, issue notice to the respondents, short affidavit be filed within 4 weeks and rejoinder within two weeks.” “The CBI shall not proceed with the impugned order of the Lokpal,” justice Singh said.
In any case, the court expressed that there would be no banning on the plea connected with unapproved development in South Delhi and different parts of Delhi.
This is only the prima facie view and shall not have any bearing on the merit of the case, the court said. The matter has been listed on April 25 for further hearing.
The High Court noticed the conflict of senior advocate Sandeep Sethi showing up for the Municipal Corporation of Delhi (MCD) that prior to coordinating the Central Bureau Of Investigation (CBI) to start examination against the community workers of MCD, the Lokpal required the prior investigation of the Delhi Government.
The high court additionally noticed that there was no request by the CVC or the Lokpal regarding this issue. The CVC was just requested to get a report from the vigilance division from the MCD corresponding to unapproved constructions.
On the other hand advocate, Apoorv Kurup appearing for the Lokpal submitted that before the investigation, notice was issued and a reply was filed. Being unsatisfied with the reply, the order for investigation was issued.
The civic body has challenged the direction of the Lokpal for a CBI investigation against the officer of the civic body. The high court on December 23 refused to stay the order of the Lokpal of India directing a CBI investigation against MCD officials.
The Lokpal ordered the CBI investigation on the basis of a complaint against alleged illegal and unauthorized constructions in Delhi.
During the hearing senior advocate Sandeep Sethi appearing for the petitioner submitted that a body like MCD, which is partially funded by the state government, its consent has to be taken.
The bench earlier had said, “The Lokpal consists of three members with a retired high court judge… Once Lokpal has considered the matter, there are some reasons. I have to hear them. If you make out a case on the next date, I will stay the proceedings.”
The counsel for MCD had argued that nobody would be able to do their work if a CBI investigation is ordered in a case such as the present one and by the same logic, an investigation should also be ordered against the police for crime in Delhi.
While expressing its concern, the court had said, “MCD can’t be equated with Delhi police. Its engineers are a problem. Unauthorized construction, encroachment, everything takes place. Something has to be done.”
The Lokpal initiated the proceedings on a complaint filed by Vikram Singh Saini, a former General Secretary of Samajwadi Yuvjan Sabha. He lodged a complaint in December 2021 and alleged that certain “illegal constructions” in South Delhi were because of their (Engineers) conduct.
On the other hand, MCD had refuted the allegations and its petition claimed that the complainant filed a “frivolous, baseless and vague complaint” to the Lokpal. There are no allegations of corrupt activities.
The petition stated 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 petition said the data depicts a “steady decline” in unauthorized constructions in the south zone and the officials have been discharging their duties effectively.
“This fact is also evident from the data from the year 2018. It shows that out of 1,141 properties booked, 606 were demolished, 223 were sealed, the prosecution in 326, and letters in all such properties were duly issued,” the petition said. The MCD has contended that the order passed by the Lokpal violated the principles of natural justice as the investigation was ordered against MCD officials who were not a party before it.
