Lokpal’s order was challenged by the MCD. (representative)
New Delhi:
The Delhi High Court today stopped the CBI from proceeding with Lokpal’s order to lead an investigation against the officials of MCD and other departments for allowing unauthorized construction in South Delhi and other areas. Lokpal’s order was challenged by the MCD.
Justice Prathiba M Singh said, “In view of the issue raised by the petitioner, you must notify the respondents, file a brief affidavit within four weeks and a rejoinder within two weeks.”
“The CBI will not proceed with the contested order of the Lokpal,” Judge Singh said.
However, the court said there would be no ban on the investigation related to unauthorized construction in South Delhi and other parts of Delhi.
This is only the prima facie position and does not affect the merits of the case, the court said. The case was put on the agenda for further hearing on April 25.
The Supreme Court took note of the allegation made by senior lawyer Sandeep Sethi who appeared before the Municipal Corporation of Delhi (MCD) that the Lokpal, before ordering the Central Bureau of Investigation (CBI) to launch an investigation against the officials from MCD, the prior permission of the Government of Delhi.
The Supreme Court also noted that no investigation had been conducted by the CVC or the Lokpal in this case. The CVC was only asked for a report from the MCD’s Vigilance Department related to unauthorized construction.
On the other hand, Advocate Apoorv Kurup, appearing before the Lokpal, argued that a notice was given and an answer filed before the investigation. Since he was not satisfied with the answer, the warrant of investigation was issued.
The municipal authority has challenged the direction of the Lokpal for CBI investigation against the civil authority officer.
The Supreme Court on December 23 refused to suspend the order of the Lokpal of India to conduct a CBI investigation against MCD officials.
The Lokpal ordered the CBI investigation based on a complaint against alleged illegal and unauthorized constructions in Delhi.
At the hearing, senior lawyer Sandeep Sethi who appeared for the petitioner argued that the body, like MCD, which is partly funded by the state government, should be allowed.
The bench had previously said: “The Lokpal consists of three members with a retired Supreme Court judge… Once the Lokpal has considered the case, there are some reasons. I need to hear them. If you have a case on the next date, I will suspend the proceedings.”
MCD’s counsel had argued that no one would be able to do their job if CBI investigation is ordered in a case like the present one and by the same logic there should also be an investigation against the police for crime in Delhi.
While expressing its concern, the court had said, “MCD cannot be equated with the Delhi Police. The engineers are a problem. Unauthorized construction, trespass, everything is happening. Something has to be done.”
The Lokpal initiated proceedings on a complaint filed by Vikram Singh Saini, a former secretary general of Samajwadi Yuvjan Sabha. He filed a complaint in December 2021 claiming that certain “illegal constructions” in South Delhi were due to their (engineers) conduct.
On the other hand, MCD had refuted the allegations and the petition claimed that the complainant had made a “frivolous, baseless and vague complaint” to the Lokpal. There are no allegations of corrupt activity.
The petition stated that the Lokpal had passed a “general order” based on an “incoherent and blanket complaint” regarding illegal constructions in South Delhi in 2020-21.
The petition said the data shows a “steady decline” of unauthorized constructions in the southern zone and officials have effectively fulfilled their duties.
“This fact is also evidenced by the data of the year 2018. It shows that out of 1,141 properties booked, 606 were demolished, 223 were sealed, prosecution in 326 and the letter in all these properties was duly issued,” the petition said.
The MCD has argued that the Lokpal’s order violated principles of natural justice as the investigation was ordered against MCD officials who were not party to it.
(Except for the headline, this story has not been edited by NewsMadura staff and is being published from a syndicated feed.)
Featured video of the day
Microsoft to lay off thousands of employees: report
