Delhi High Court Orders CBI Probe Into Allotment Of Properties Based On 'Forged Documents', Says L&BD And DDA Eroded Public Trust
The Delhi High Court has referred to Central Bureau of Investigation (CBI) the probe into allotment of various properties on prime locations in the national capital based on “forged recommendation letters” by Land and Building Department (L&BD) and subsequent unauthorised property allocations by the Delhi Development Authority (DDA).Justice Prathiba M Singh directed the probe agency...
The Delhi High Court has referred to Central Bureau of Investigation (CBI) the probe into allotment of various properties on prime locations in the national capital based on “forged recommendation letters” by Land and Building Department (L&BD) and subsequent unauthorised property allocations by the Delhi Development Authority (DDA).
Justice Prathiba M Singh directed the probe agency to conduct a thorough investigation in respect of all the allotments made on forged documents and take action in accordance with law.
The court observed that the inaction by both DDA and L&BD has eroded the trust of the public and the confidence of the Court that they can deal with the issues in an unbiased manner.
It noted that the status reports filed in the matter showed that both the authorities were passing the buck and not owning up responsibility.
“The DDA has taken some action recently but the same is for the future i.e., re-claiming the plots, cancelling allotments, initiating eviction proceedings etc., There is no concrete action taken in identifying the officials who were involved,” the court said.
It added: “The L&BD which is where the forged letters are stated to have originated from, continues to drag its feet in giving the details. The L&BD is curiously seeking document numbers and other details from the DDA.”
Justice Singh observed that there can be no doubt that anyone who occupies a public office and thereby represents the government or a public entity owes their duty to the citizenry. Therefore, any authority given to a public office holder is intended to be used for the greater good and to advance the interests of the community, the court added.
Observing that every public office bearer is a steward of the public's trust, the court said the situation involving the distribution of forged letters by the L&BD and the subsequent failure to take timely action against this malpractice, is a clear sign of the malaise that has crept into the public authorities and their functioning.
“When officials from organizations such as the DDA and the L&BD are implicated in such matters, it shakes the foundation of public trust. It is crucial, therefore, that every measure is taken to investigate these incidents thoroughly. Needless to state that in such matters authorities must act promptly, transparently and hold those responsible accountable. Failure to do so could lead to erosion of the public's confidence in the authorities, making it extremely challenging to rebuild that trust,” the court said.
Justice Singh was hearing a plea moved by one Govind Saran Sharma seeking execution of the conveyance deed or title documents regarding one of the properties.
It was the DDA's stand that between 1978 to 1982, a list of 128 recommendations were received from the L&BD which were obtained by malpractice, on the basis of which some plots were allotted.
Out of the 128 properties, no allotments were made in 53 cases as L&BD's letters of recommendation were forged, records were not traceable for 42 cases and in 33 cases, allotment letters were withdrawn. While possession of properties were taken in some cases, letters were also sent to L&BD to ascertain the genuineness of the recommendation letters in other cases.
As per a latest status report of DDA, an FIR was registered by the civic body in November last year in which investigation was underway by the EOW.
The status report further said that the finalisation of the investigation may reveal names of DDA officials involved in issuing allotments of alternative plots based on forged recommendation letters.
It added that if recommendations were received from E.O.W., appropriate disciplinary actions would be taken against the erring officials of DDA.
While referring the probe to CBI, the court observed that the disclosures made in the matter presented a significant challenge to the integrity of public administration and trust.
“Given the gravity of the allegations, which suggest not only a breach of trust but also a blatant disregard for Rule of law governing public land allocation, there is an urgent need for an investigation that is both thorough and impartial. Thus, this Court is of the opinion that the present writ be considered as a complaint for the CBI to take appropriate steps, in accordance with law,” the court said.
It further ordered that the matter be converted into a PIL and be placed before the Acting Chief Justice Manmohan for being taken up on the judicial side in the manner as deemed appropriate.
Also Read: Delhi High Court Seeks DDA's Stand On CBI Probe Into Allotment Of Properties Based On Forged Recommendation Letters
Title: GOVIND SARAN SHARMA v. DELHI DEVELOPMENT AUTHORITY AND ANR.
Citation: 2024 LiveLaw (Del) 369