Delhi High Court refuses stay on Lokpal order directing CBI probe against MCD officials for illegal constructions

The Delhi High Court last week refused to stay the order of the Lokpal directing a probe by the Central Bureau of Investigation (CBI) against officials of the Municipal Corporation of Delhi (MCD) for illegal and unauthorised constructions in the city [Municipal Corporation of Delhi & Ors v Lokpal of India]..Single-judge Justice Prathiba M Singh observed that once the Lokpal has considered the matter, there will be some reason behind the order and that she will not pass any orders at this stage without hearing the Lokpal.The judge then proceeded to list the matter on January 5 and said that prayer for stay on the order will be considered on that day. .Senior Advocate Rajshekhar Rao, appearing for the MCD, argued that the Lokpal passed a blanket order directing CBI inquiry on allegations that there is unauthorised and illegal construction.Rao stated that by that logic, the Delhi Police should be investigated by the CBI because crime is happening in the national capital.However, Justice Singh responded that the Delhi Police and MCD cannot be equated. She added that the MCD officials are responsible if unauthorised construction and encroachment take place. “Something has to be done,” the judge said.Justice Singh also refused to pass any orders restricting the CBI from registering an FIR in the matter..In its plea, filed through advocate Sanjay Vashishtha, MCD argued that the Lokpal ordered an investigation against its officials on November 28 based on an “incoherent and general complaint” from December 2021 where the complainant had expressed his dissatisfaction towards obtaining data under the RTI regarding illegal and unauthorised construction in South Delhi.“…the impugned order is devoid of jurisdiction and is a transgression of scope and authority vested with the Hon’ble Lokpal of India under the statute inasmuch in the absence of any inculpatory/incriminating document or material, inquiry or otherwise to show a prima facie case of corruption and especially in the absence of prior sanction from the appropriate government in terms of the proviso to Section 14 clause (d) of the Lokpal and Lokayuktas Act, 2013 to prosecute the officials of the Petitioner Corporation,” the MCD said..The corporation further submitted that a blanket order directing a CBI investigation for alleged unabated unauthorised constructions overlooks the socio-demographic fabric of the city of Delhi which ranks on the top in terms of internal migration and population density.Most of these illegal/unauthorised constructions end up becoming the subject matter of litigation thereby overshadowing action purported to be taken under the provisions of the DMC Act, the corporation argued.“The order violates the principles of natural justice inasmuch the investigation has been ordered against the public servants belonging to the MCD while they were not a party before the Lokpal in their independent and personal capacity inasmuch the criminal liability, if any, is fastened on an individual person – and not an entity as such,” it was contended by the civic body.