Evolve Protocol To Scrutinize Pleadings Before Filing: Delhi High Court To MCD

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to evolve a protocol to scrutinize the pleadings and averments before they are filed in courts and ensure that they align with the law of the land.

A division bench comprising Justice Rajiv Shakdher and Justice Tara Vitasta Ganju directed the Deputy Commissioner (Law) of MCD with the assistance of the Chief Law Officer to evolve the protocol.

“The Chief Law Officer shall ensure that the issues which already stand covered by the judgments rendered by the superior courts are not taken up without due application of mind concerning the facts obtaining in a particular case,” the court said.

The bench was dealing with an appeal filed by the MCD against an order passed by the District Judge in December last year.

MCD's counsel told court that while the decree in the case stood satisfied, the appeal was preferred qua the observations made by the trial court against the civic body.

The counsel appearing for the respondent-private individual submitted that the observations of the trial court were made because of MCD's conduct in taking legal defences which already stand covered by the decisions of the superior courts.

“We have heard learned counsel for the parties. Given the fact that the appellant/Corporation has paid the decretal amount in the instant case, we intend to give the appellant/Corporation one more opportunity to ensure that a system is put in place so that pleadings are scrutinized by the Chief Law Officer before they are filed in courts,” the court observed.

Disposing of the appeal, the bench ordered that the burden of costs of Rs.20,000 imposed by the trial court which was to be deposited with the Delhi Legal Services Authority (Central) will be borne by the MCD.

“A copy of the protocol devised by the Deputy Commissioner (Law) will be placed on this Court's record,” the court said while listing the matter for compliance on September 04.

Counsel for Appellant: Mr Sanjeev Sagar, Standing Counsel with Ms Nazia Parveen, Mr Rishabh Malik, Mr Vikas Sharma, Mr Shivam, Mr Kishan Pal Chauhan, Mr Girish Kumar Garg and Mr Praveen Kumar, Advs. for MCD

Counsel for Respondent: Mr Avinash Trivedi, Ms Ritika Trivedi, Mr Anurag Kaushik, Mr Rhythem Nagpal and Mr Jatin Arora, Advs

Title: MUNICIPAL CORPORATION OF DELHI v. M/S RAM NIWAS GOEL

Citation: 2024 LiveLaw (Del) 832

Click here to read order