High Court Issues Notice To Delhi BJP Chief Adesh Gupta Over Alleged Illegal Encroachment Of Govt Land, Misappropriation Of Funds
Notices are also issued to Delhi Government, the Lieutenant Governor and North Delhi Municipal Corporation.
The Delhi High Court has issued notice on a petition filed against alleged illegal encroachment of government land and misappropriation of funds by Adesh Gupta, Chief of BJP's Delhi unit and councillor of the North Delhi Municipal Corporation.Apart from Gupta, the Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has issued notices to the Delhi Government, the Lieutenant...
The Delhi High Court has issued notice on a petition filed against alleged illegal encroachment of government land and misappropriation of funds by Adesh Gupta, Chief of BJP's Delhi unit and councillor of the North Delhi Municipal Corporation.
Apart from Gupta, the Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has issued notices to the Delhi Government, the Lieutenant Governor, NDMC and BSES Yamuna Power Ltd.
The plea is filed by Advocate Hemant Choudhary in public interest. He claims that Gupta, arrayed as Respondent no. 5, has illegally encroached Municipal Corporations' land opposite to his residence, has constructed his personal office by using government resources and has deputed municipal staff for his personal work.
The plea states,
"since the day Respondent No. 5 elected, he has failed to act in accordance with the norms of integrity and conduct which ought to be followed by public functionaries, continuously abused his position to obtain any again or favour to himself or to any other person."
It is alleged that the other Respondents have deliberately protected such illegality and no action is taken against Gupta despite several complaints being lodged with the authorities concerned.
Senior Advocate Mahabir Singh, appearing for Gupta on advance notice, opposed the plea stating that notice need not be issued merely against political banners and hoardings as the same cannot be considered encroachment.
Declining such an argument, the Bench remarked,
"Don't make sympathy arguments. Lawyers should argue on only legal grounds...We can't do more charity than the law. If the law permits, you do it. If the law does not permit, you have to remove it."
The plea seeks immediate removal of the alleged encroachment and an inquiry into the alleged misappropriation of funds by Gupta.
A further direction is sought upon the Delhi government to appoint a Lokayukt (Govt of NCT of Delhi) as the seat is stated to be vacant for the last 6-8 months.
Advocate Satyakam appeared for NCT of Delhi and Lt. General, Advocate Ajjay Aroraa appeared for NDMC, Advocate Akhil Hasija appeared for BSES Yamuna Power Ltd. and Senior Advocate Mahabir Singh appeared for Gupta.
Case Title: Hemant Choudhary v. State, (WP (c) No. 1015 of 2022)