Delhi High Court Orders CBI Probe Against Litigant Who Filed Repeated Pleas Alleging Unauthorised Constructions

The Delhi High Court has recently ordered inquiry to be conducted by Central Bureau of Investigation (CBI) against a litigant who repeatedly filed petitions, including PILs, alleging unauthorised constructions, some of which were never listed in court.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the CBI to conduct a preliminary enquiry to ascertain whether any cognizable offence has been committed in the case and by whom, while asking the litigant to cooperate in the probe.

The counsel appearing for Municipal Corporation of Delhi (MCD) said most of the time the petitions were filed with the Registry only and were never listed in Court. The court was informed that ten cases were served upon MCD by the litigant but they did not get listed last year.

The MCD also said that 42 petitions were filed by the litigant in 2021. Upon verification by the Registry, the court was informed that only 17 matters were listed in the Court.

It was revealed that in the cases which were listed before the Court, the litigant or his counsel did not appear on several dates and some matters were disposed of either on the report submitted by MCD or directions were issued to approach the Special Task Force (STF). One matter was dismissed in default and for non-prosecution, the bench noted.

The court observed that the litigant has been filing writ petitions pertaining to individual properties in the same locality instead of bunching them and claiming that he has no personal interest in the litigation or there is no other motive than the public interest.

“Despite that, in most of the matters, the petitioner or his counsel failed to appear during the hearings or the petitioner failed to get most of the matters listed after serving the advance notice of the petition on the MCD and/ or the private respondents,” the court added.

It further said that the apprehensions raised by the MCD's counsel cannot be overlooked and proceeded to order a CBI investigation against him.

“The CBI is directed to submit the report of preliminary enquiry on or before the next date of hearing,” the court said while listing the matter for hearing next on September 04.

Title: RAHUL KUMAR v. MUNICIPAL CORPORATION OF DELHI

Citation: 2024 LiveLaw (Del) 849

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