Is state govt nod needed for action against MCD officials? HC asks Lokpal

The proceedings were initiated against the MCD officials on a complaint Vikram Singh Saini, a former General Secretary of Samajwadi Yuvjan Sabha, made in December 2021 against certain MCD officials, alleging certain “illegal constructions” in South Delhi were because of their conduct.

The Delhi high court on Thursday sought to know from the Lokpal of India whether prior permission from the city government should be taken by them before recommending action against the officers of municipal corporation of Delhi for corruption.

Advocate Apoorv Kurup, for the Lokpal of India, sought time to take instructions in the matter following which the matter was posted for January 9. (HT Photo)

Justice Prathiba M Singh posted Municipal Corporation of Delhi (MCD)’s plea challenging the order of the Lokpal of India directing CBI investigation against its officials on a complaint about alleged illegal and unauthorised constructions in the capital, for Monday on this limited legal issue.

During the hearing, senior advocate Sandeep Sethi for the civic body raised a legal question that for a body like MCD, which is partially funded by the state government, the consent of the state government has to be taken.

Advocate Apoorv Kurup, for the Lokpal of India, sought time to take instructions in the matter following which the matter was posted for January 9.

The proceedings were initiated against the MCD officials on a complaint Vikram Singh Saini, a former General Secretary of Samajwadi Yuvjan Sabha, made in December 2021 against certain MCD officials, alleging certain “illegal constructions” in South Delhi were because of their conduct.

In the petition, MCD claimed that the complainant, without following the requisite procedure, filed a “frivolous, unsubstantiated and a vague complaint” to the Lokpal and the same does not even make allegations with respect to corrupt activities.

It said that the Lokpal passed a “blanket order” on the basis of an “incoherent and general complaint” with respect to illegal constructions in South Delhi in 2020-21.

During the proceedings, senior advocate Sethi for MCD, contended that the action recommended against the civic body officials are contrary as they have taken action against more than 1141 unauthorised constructions in the city in a span of two years.

However, the court remarked that even though the Lokpal may not have done any enquiry into the allegations by the complainant, it has gone by the general assessment that there is large scale unauthorized constructions which is also clear from the action taken by the MCD.

The petition said the data unequivocally depicts a “steady decline” in the incidence of unauthorised constructions in the south zone and the officials have been discharging their duties with due diligence and coherence.

“The fact that is also evident from the following figures in terms of availability of data from the year 2018. Out of 1141 properties booked 606 were demolished, 223 were sealed, prosecution in 326 and letters in all such properties were duly issued,” the MCD said in its plea.

The plea said though illegal unauthorised construction was a menace to blame it on a certain segment of officials shall cause great “mental and psychological” agony to the ground force.

It claimed the Lokpal order violated the principles of natural justice as the investigation was ordered against public servants belonging to the MCD while they were not a party before it.

The plea alleged the complainant was trying to influence the officials of the corporation to seek undue favours by filing numerous RTIs.