Only Apprehension, No Empirical Data: Delhi HC Closes PIL For CBI Probe Into Alleged Fraud By Building & Construction Workers Welfare Board

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela decided to close the case, noting that the petitioner did not produce data to substantiate his allegations. It observed, “Except to express apprehension of huge sums of money having been released to allegedly unverified and bogus construction workers by the petitioner, no empirical data to substantiate the same has been placed on record. Thus, it may not be appropriate for this Court to venture into such apprehensions at this stage.”

The PIL sought CBI investigation into the allegations and appoint a Commission headed by a retired High Court or Supreme Court Judge to enquire into the issue. The petitioner alleged large scale irregularities, defalcation of accounts and fraud being committed by the officers of the Delhi Building and Other Construction Workers Welfare Board (DBOCWW Board) in collusion with political parties.

It was alleged that around Rs. 300 crore was siphoned off in the name of providing subsistence allowance or monetary benefits to the building construction workers in Delhi. The petitioner stated that most of the 13 lakh registered building construction workers are bogus entries.

The petitioner also submitted that an FIR was registered by the Anti Corruption Bureau of Delhi Police in 2018 under the Prevention of Corruption Act and IPC for fraud and siphoning of funds accrued from cess being collected by the Delhi government mandatorily under the Building and other Construction Workers Act, 1996 (BOCW Act).

The High Court noted that the said issue is before it in two petitions, where it has been passing various orders and directions from time to time. It noted that directions were given to the Labour Department and DBOCWW Board to collate the complete data in respect of the total number of construction workers who are working in various construction sites all over Delhi.

The Labour Department and DBOCWW Board provided certain information as per the court's orders. It observed, “Though complete details are yet to be furnished, from the information already available, we gather that the DBOCWW Board has been able to register a substantial number of building construction workers in Delhi.”

The Court referred to the ongoing case of M.C. Mehta vs. UOI (1985), where the Supreme Court recently expressed anguish that Delhi along with other states failed to pay subsistence allowance to the workers who are out of work due to the ban on construction activities in NCR due to the imposition of GRAP-IV measures to tackle air pollution in NCR.

In view of the above, the Court closed the PIL, while granting liberty to the petitioner to present an appropriate complaint with all the evidence in his possession to the Anti Corruption Bureau.

Case title: Munish Kumar Gaur vs. Govt Of Nct Of Delhi & Ors

Citation: 2025 LiveLaw (Del) 199