The Delhi High Court on Monday sought the CBI’s stand on Delhi MCD’s challenge to a Lokpal order directing investigation against its officials on allegations of unauthorised constructions here, and also sought a report given by the Central Vigilance Commission on the issue.
“I want to see the Central Vigilance Commission (CVC) report to see if the investigation should go further… Let the file of the Lokpal consisting of the CVC report be placed before this court for consideration of interim relief,” Justice Prathiba M Singh said.
The court also observed that while the complaint before the Lokpal was about the Green Park area and three officials of the Municipal Corporation of Delhi (MCD), the order pertained to all officials and the entire South zone, which is an “overreach”.
“This is something very broad… that expansion is a little bit of an overreach,” the court observed.
The proceedings before the Lokpal arose from a December 2021 complaint by Vikram Singh Saini, former general secretary of Samajwadi Yuvjan Sabha, alleging that there were some “illegal constructions” in an area in South Delhi on account of the conduct of certain officials. The MCD and these officials had approached the high court against the Lokpal order directing CBI probe last year.
Senior counsels, appearing for the petitioners, urged the court to pass an interim order to protect their interests in the meantime as they apprehended registration of a case against them by the Central Bureau of Investigation (CBI) and contended that such “omnibus” orders cannot be passed. The court refused to pass an order at this stage and said it would ask the agency if it had commenced its probe.
“Let a notice be issued to CBI,” said the court.
Senior counsel for the petitioner said before ordering a probe, the Lokpal should have given a “finding on culpability” and seen that a prima facie case was made out.
In the petition filed through lawyer Sanjay Vashisht, the MCD and its officials have 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 has 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 officials concerned, have passed an impugned order dated 28.11.2022,” the plea said.
The petition has highlighted that the data unequivocally depicts a “steady decline in the incidence of unauthorised constructions in South Zone” and the officials have been discharging their duties with due diligence and coherence.
“The fact is also evident from the following figures in terms of availability of data from the year 2018. That out of 1,141 properties booked, 606 were demolished, 223 were sealed, prosecution in 326 and letter in all such properties were duly issued,” the plea asserted.
The matter will be heard next on January 17.
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