Illegal constructions: CBI rapped | delhi | Hindustan Times
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Illegal constructions: CBI rapped

A court in Delhi has pulled up CBI for its "illusory" probe into the nexus of MCD officers, engineers, builders and political bosses in unauthorised constructions and giving clean chit to many officials involved.

delhi Updated: Apr 04, 2013 00:15 IST

A court in Delhi has pulled up CBI for its "illusory" probe into the nexus of MCD officers, engineers, builders and political bosses in unauthorised constructions and giving clean chit to many officials involved.

Special CBI judge AK Mendiratta came down on the investigating agency while acquitting MCD junior engineer (JE) Ajay Kumar Shrotriya, who was accused of illegally saving an unauthorised construction from demolition in 2002.

Observing that "the nexus is deeper but only illusory investigation has been conducted giving a clean chit to many other officials involved", the court directed the MCD commissioner to initiate departmental proceedings against JE Mohd Ahmed and assistant engineer DC Gupta posted at the relevant time for failing to take necessary demolition action.

It asked the deputy commissioner MCD to furnish personally an Action Taken Report before it in six weeks.

The CBI case was registered in compliance to a 2006 order of the high court on a writ petition to probe nexus of MCD officers and others concerning unauthorised constructions.

After inquiry, CBI filed 15 charge sheets pertaining to 15 unauthorised properties in West Zone arraying Ajay and owners and builders of the properties as accused.

Ajay was accused of making false notings that demolition of an unauthorised property in Ramesh Nagar belonging to Seema Verma has been carried out in pursuance of a demolition order passed in 2002 when no action had actually been taken.

Verma, a co-accused in the case, has also been acquitted.

Ajay, however, told the court he was made a scapegoat while none of the officers during whose tenure unauthorised property was raised or those who did not take any action after his transfer were booked or quizzed by the CBI.

"It is interesting to note that the premier investigating agency has only picked up cases involving Ajay who was on deputation from DDA to MCD from May 6, 2002 to September 30, 2003. No other person from MCD has been chargesheeted in any case defying the spirit of order passed by the high court pursuant to which investigation was commenced," the court said.

It also noted that the so-called false entry pertained to a property in Punjabi Bagh where demolition action had been carried out.

"It does not appear to be a case of faulty investigation simplicitor as the 15 charge sheets arising out of same FIR clearly reflect that only Ajay Kumar, then JE on deputation from DDA to MCD for a period of less than one and half years has been booked along with the owners and builders of the properties concerned without even ascertaining or bringing out the role of other junior engineers, executive engineers concerned under whose tenure the unauthorised construction may have come up," the court said.

In this particular case, the CBI has completely ignored the role of the then JE Ahmed, AE DC Gupta and the executive engineer and explore the political nexus in terms of direction passed by the high court in a writ petition in 2003 on basis of which the FIR came to be registered in this case.

The court noted that there has to be some supervisory role of senior officers to ensure that the demolition action takes place in accordance with the law.

"However, the dumping of files without initiating further necessary action leads to only inference that same was either in their collusion or role of officials was deliberately ignored," the judge said.