The Delhi High Court has directed the Central Bureau of Investigation (CBI) to conduct an inquiry into a litigant who repeatedly filed petitions, including Public Interest Litigations (PILs), alleging unauthorized constructions, some of which were never listed in court.
A bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela has instructed the CBI to conduct a preliminary inquiry to determine whether any cognizable offense has been committed and by whom. The Court has also asked the litigant to cooperate with the investigation.
The counsel for the Municipal Corporation of Delhi (MCD) reported that many of the petitions were filed only with the Registry and were never listed in court. It was noted that the litigant had served ten cases upon the MCD, but they did not get listed last year.
Additionally, the MCD stated that 42 petitions were filed by the litigant in 2021, but upon verification by the Registry, only 17 matters were listed in court. In cases that were listed, the litigant or their counsel failed to appear on several dates.
Some matters were disposed of based on reports submitted by the MCD or were directed to be approached by the Special Task Force (STF). One matter was dismissed in default for non-prosecution, the bench noted.
The Court observed that the litigant had been filing writ petitions concerning individual properties in the same locality rather than grouping them together. The litigant claimed no personal interest or motive other than public interest. However, the Court found that in most cases, the petitioner or their counsel failed to appear during hearings or to list the matters after serving advance notice to the MCD and/or private respondents.
The Court noted that the apprehensions raised by the MCD’s counsel could not be ignored and proceeded to order a CBI investigation against the litigant.
The division bench then scheduled the matter for further hearing on September 4, 2924.
