High Court Refuses To Stay Lokpal's Order Directing CBI Probe Against MCD Officials Over Complaint Alleging Illegal Constructions In South Delhi

The Delhi High Court on Friday refused to stay an order passed by Lokpal of India directing Central Bureau of Investigation (CBI) investigation against officials of the Municipal Corporation of Delhi (MCD) over a complaint alleging illegal and unauthorized constructions in South Delhi area.

As the counsel appearing for MCD prayed for interim protection and that the impugned order be stayed, Justice Prathiba M Singh refused the interim relief at this stage and listed the matter for hearing next on January 5, 2023.

"You make out a case on the next date, I will (then) stay the proceedings," the court said.

In the plea moved through Advocate Sanjay Vashishtha, the corporation has argued that the Lokpal has directed CBI investigation without an iota of allegation or finding of corruption or assigning any cogent reasons as to why the such a probe was needed. 

It further submits that the impugned order passed on November 28 is not only arbitrary but is "antithesis to the rights of corporation and its officers" especially on the basis of a general finding vis-à- vis "rapid illegal construction across South Delhi".

According to the plea, the complaint alleged that some officials of the corporation, who were posted at the Building Department in city's Green Park area, failed to write letters to electricity and water departments to seek disconnection of delinquent builders or contractors.

The complainant further stressed upon the growing population density of national capital and how illegal construction is a growing menace, while claiming that the same is owing to the illegal conduct of officers of the corporation, the plea submits.

Calling it a blanket order passed by the Lokpal, MCD's counsel, Senior Advocate Rajshekhar Rao, submitted before the court today that if such a logic is to be extended, then even the Delhi Police should be probed by CBI, for the reason that there are crimes happening in the city.

"By this logic, if this has to be extended and on a blanket order without any basis…by that logic then the Delhi Police should also be investigated by the CBI because there are crimes happening all over the city. This is exactly the logic," Rao submitted.

As Rao prayed that the order be stayed, the court said: "Not in this case. Once the Lokpal has considered the matter….I have to hear them. MCD engineers are a problem. Unauthorised constructions, encroachments, everything…. Something has to be done."

Rao responded: "It can't be a CBI investigation. Nobody will be able to do their work and that's why I said please extend this logic….there are crimes in the city…."

However, rejecting the contention, Justice Singh orally remarked: "Not the logic. MCD can't be equated with Delhi Police."

The plea submits that the impugned order is a transgression of scope and authority vested with the Lokpal of India as the same was passed without any incriminating document or inquiry to show a prima facie case of corruption and also without prior sanction from the appropriate government to prosecute the MCD officials.

"It is stated that an investigation by CBI without an iota of prima facie allegation of corruption under the Prevention of Corruption Act, 1988 or otherwise would tantamount to overreaching the settled cardinal principles of criminal jurisprudence and would unequivocally reduce the institutional legitimacy of the entire institution/petitioner corporation and its employees," the plea adds.

The plea also avers that the impugned order violates principles of natural justice as the CBI investigation was ordered against MCD officials while they were not a party before the Lokpal.

"It is further stated that a blanket order directing a CBI investigation for alleged unabated unauthorised constructions overlooks the socio-demographic fabric of the city of Delhi – which ranks on the top in terms of internal migration and population density. It is also stated that most of these illegal / unauthorised constructions end up becoming the subject matter of litigation thereby overshadowing action purported to be taken under the provisions of the DMC Act," the plea submits.

Title: Municipal Corporation of Delhi & Ors. v. Lokpal of India