Delhi District Court
Help Indian Against Corruption (Ngo) vs The State (Govt. Of Nct Of Delhi) on 4 October, 2021
IN THE COURT OF SH. SANJAY SHARMA-II : ADDL. SESSIONS JUDGE-03,
(CENTRAL): TIS HAZARI COURTS, DELHI
Criminal Revision No. 745/2019
CNR No.: DLCT01-016244-2019
Help Indian Against Corruption (NGO)
Regd. Office at: 178/7-8, Street No. 2,
Padam Nagar, Kishan Ganj,
Delhi-110007
Through: Mr. Manoj Kumar Sharma
President / Authorized Signatory
..... Petitioner
VERSUS
1. The State (Govt. of NCT of Delhi)
2. The Commissioner
North Delhi Municipal Corporation
Dr. SPM Civic Centre, Minto Road,
Delhi-110002
3. Sh. S.C. Meena, Executive Engineer (Building-1)
City SP Zone, North Delhi Municipal Corporation,
Old Hindu College, Kashmere Gate,
Delhi-110006
..... Respondents
Date of Institution : 06.12.2019
Date of Arguments : 17.09.2021
Date of Order : 04.10.2021
ORDER
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1. The criminal revision petition under Section 397 read with Section 401 of 'The Code of Criminal Procedure, 1973' (Hereinafter referred to as 'the Cr.PC.') is directed against order dated 21.09.2019 (the impugned order) arising from the complaint case vide Case No. 9901/2019 titled as 'Help Indian Against Corruption vs. The State NCT of Delhi & Ors.' whereby Ld. MM-04, Central District, Tis Hazari Courts, Delhi (the trial Court) dismissed the application under Section 156 (3) of the Cr.PC. and declined to take cognizance of the offence under Section 200 of the Cr.PC and dismissed the complaint case.
2. Facts leading to filing of the revision petition are that the petitioner filed a complaint case under Section 197 of the Cr.PC. seeking summoning of the respondent No. 3 for commission of the offences punishable under Section 166- A/217/218/219 of 'The Indian Penal Code, 1860' (IPC) alongwith an application under Section 156 (3) of the Cr.PC. seeking registration of FIR against the respondent No. 3.
3. The petitioner is a registered Non-government Organization (NGO) and primarily working against corruption in Municipal Corporations. Ministry of Housing and Urban Affairs, Government of India, vide Office Memorandum dated 23.05.2018, constituted a Special Task Force in compliance of directions of Hon'ble Supreme Court of India dated 24.04.2018 in M.C. Mehta vs. Union of India & Ors., WP (Civil) 4677/1985 to check unauthorized constructions in Delhi.
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4. Vide the said action plan for monitoring of construction activities in Delhi, the responsibility to check unauthorized constructions in their respective areas of jurisdiction was fixed on the grid officer. An interactive website alongwith a smart phone Application (App) was launched for registration of grievances / complaint and uploading photographs regarding unauthorized construction activities in any area of NCT of Delhi. The STF was empowered to issue show cause notice to the grid officer for prosecuting him under relevant provisions of 'The Prevention of Corruption Act, 1988' and 'Indian Penal Code, 1860' for allowing illegal / unauthorized construction in his respective jurisdiction.
5. The petitioner filed a writ petition, vide WP (C) 9437/2017 titled as 'Help Indian Against Corruption vs. North Delhi Municipal Corporation' before Hon'ble High Court of Delhi against 65 illegal constructions. Hon'ble High Court of Delhi, vide order dated 02.11.2018, disposed the said writ petition with liberty to the petitioner to file a complaint before Special Task Force (STF) Committee. Thereafter, the petitioner filed complaint before STF. According to the petitioner, the property No. 220, Gali No. 7, Padam Nagar, Kishan Ganj, Delhi-110007 was constructed without any sanctioned site plan against building bye-laws. There was excess coverage, FAR violation and projections on municipal land. In that regard, the said property was booked under Section 344 of 'The Delhi Municipal Corporation Act, 1957' vide order dated 05.02.2018.
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6. The grievance of the petitioner is that the respondent No. 3 and his subordinate officers did not follow the due process of law to shelter the builder / owner and the said illegal construction. Thereafter, the balcony of first floor of the said property was partly demolished and the file was closed. The respondent No. 3 did not take any further action and unauthorized construction in the said property is still in existence. The petitioner filed an online complaint, vide complaint No. 2018107458, on 24.10.2018 against unauthorized construction in the said property on the said App. The petitioner mentioned in the said complaint that the concerned JE partly demolished balcony of the first floor of the said property and left the remaining unauthorized construction undemolished. On 19.11.2018, the respondent No. 3 submitted a report that the complaint was resolved and no action was required. The petitioner again putforth his grievance regarding existence of unauthorized construction in the said property, vide online complaint dated 21.11.2018, on the said App. However, the respondent No. 3 again stated that the complaint was resolved and no action was required, vide reply dated 29.11.2018. The petitioner sent complaint to senior officers on 10.12.2018 for taking action against the respondent No. 3. However, they have not taken any action against the respondent No. 3. The petitioner made a complaint to PS Sarai Rohilla on 27.12.2018. The petitioner sent a notice dated 15.07.2019 to the respondent No. 3.
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7. Feeling aggrieved by inaction on the part of senior officers of NDMC and local police, the petitioner filed the said complaint case alongwith an application under Section 156 (3) of the Cr.PC seeking registration of FIR against the respondent No. 3 under Section 166-A/217/218/219 IPC.
8. The impugned order is reproduced, as under:
"21.09.2019 Fresh complaint received by way of assignment. It be checked and registered.
Present: Complainant alongwith counsel.
Heard. Perused the complaint. Complainant is a NGO and appears to be aggrieved by accused persons not demolishing / booking certain unauthorized constructions. This Court is of the opinion that under the given circumstances, no criminal case is made out.
Accordingly, application U/s 156(3) Cr.PC is dismissed. Further, Court find no reason to take cognizance of the offence U/s 200 Cr.PC. Accordingly, complaint U/s 200 Cr.PC also stands dismissed.
File be consigned to record room.
MM-04/Central:
Delhi/21.09.2021"
9. Feeling aggrieved and dissatisfied with the impugned order, the petitioner assailed the impugned order by way of revision petition.
10. I have heard Mr. L.K. Sharma, Advocate for the petitioner, Mr. Amit Dabas, Ld. Addl. PP for the State / the respondent No. 1 and Mr. Dharamvir Gupta, Advocate for the respondent No. 2 and 3, and perused the trial Court record.
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11. Mr. L.K. Sharma, Advocate for the petitioner contended that the trial Court completely misdirected itself. He contended that the trial Court erred in making opinion that the petitioner has approached the trial Court against unauthorized construction in the said property. He contended that the petitioner approached the trial Court as the respondent No. 3 uploaded false information regarding the status of demolition of unauthorized construction in the said property with intent to save the property and the builder / owner. He contended that the petitioner approached the trial Court as the respondent No. 3 failed to take requisite action against unauthorized construction and uploaded false information regarding status of removal of unauthorized construction warranting his prosecution under relevant provisions of IPC in terms of Office Memorandum dated 23.05.2018 issued in compliance of directions of Hon'ble Supreme Court of India in M.C. Mehta vs. Union of India & Ors. He contended that Hon'ble High Court of Delhi, vide order dated 02.11.2018 in WP(C) 9437/2017, directed the petitioner to file a complaint before the STF against unauthorized construction in the said property appearing at Sl. No. 19 of the list of the properties unauthorizedly constructed / booked w.e.f. 01.02.2018 to 15.02.2018. He contended that the petitioner filed a complaint dated 19.11.2018 and pursuant thereto, JE demolished a portion of balcony of the first floor of the said property. He contended that the petitioner made online complaint to STF on App on 24.10.2018.
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12. Mr. L.K. Sharma, Advocate for the petitioner contended that the respondent No. 3 prepared a false report on 19.11.2018 stating that 'no further action was required'. He contended that the petitioner sent complaint to senior officers of the respondent No. 3 on 27.12.2018. However, the respondent No. 1 and 2 have not taken any action. He contended that the trial Court did not consider the Office Memorandum dated 23.05.2018 that grid officer will be liable for prosecution under relevant provisions of IPC for allowing unauthorized construction in his respective jurisdiction. He contended that the trial Court did not see the complaint, prima facie, disclosed commission of offences under Section 166A/217/218/219 IPC. He referred photographs of the said property to demonstrate that there is partial demolition of balcony of the first floor of the said property and unauthorized construction is still in existence in the said property. He referred a printout of mobile App regarding the status of his complaint and response of the respondent No. 3 to his complaints. He referred relevant provisions of IPC to contend that uploading of false information and inaction of the respondent No. 3 in removing unauthorized construction from the said property warrant his prosecution under the aforesaid provisions. He contended that the respondent No. 3 has not performed his duties in accordance with the directions of the Hon'ble Supreme Court of India and the Hon'ble High Court of Delhi directing STF to take appropriate action against unauthorized constructions in Delhi.
Cr. Rev. No. 745/2019 Help Indian Against Corruption vs. State & Ors. Page No. 7 of 10 13. Ld. Counsel for the respondent No. 2 and 3 contended that the impugned order does not suffer from any legal infirmity, irregularity or apparent error of law.
14. On careful examination of the trial Court, this Court does not find any legal infirmity, jurisdictional error or impropriety in the impugned order.
15. The grievance of the petitioner is that the respondent No. 3 has not completely demolished unauthorized construction in property No. 220, Gali No. 7, Padam Nagar, Kishan Ganj, Delhi-110007 and the respondent No. 3 has conducted cosmetic or superficial demolition in the form of partial demolition of balcony of first floor of the said property. The statutory provisions of Section 166A, 217, 218 and 219 IPC are not applicable to the facts of the present case. The contention that the petitioner filed the complaint case for the prosecution of the respondent No. 3 as he uploaded false information regarding the status of removal of unauthorized construction in the said property on 19.11.2018 and 29.11.2018 and not for removal of unauthorized construction would not change the nature of the case. In any case, the grievance of the petitioner is that the respondent No. 3 did not remove the unauthorized construction from the said property and conducted partial demolition of balcony of the first floor of the said property. Such a grievance cannot be made a subject matter of a criminal case. The complaint does not disclose commission of any cognizable offence.
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16. As regards unauthorized construction in the said property, the petitioner has already been given liberty to file a complaint before the Special Task Force (STF) Committee, vide order dated 02.11.2018 in WP (C) 9437/2017 titled as 'Help Indian Against Corruption vs. North Delhi Municipal Corporation'. A criminal Court is not a proper forum where such grievances should be raised. Such grievances should be raised before the Special Task Force (STF) Committee or appropriate forum under 'The Delhi Municipal Corporation Act, 1957'.
17. The trial Court rightly opined that the petitioner is aggrieved by non-performance of statutory duties by the respondent No. 3 in not demolishing unauthorized construction in the said property. The trial Court rightly opined that in the facts and circumstances of the case, the allegations made in the complaint did not disclose any criminal act on the part of the respondent No. 3. The trial Court rightly dismissed the application under Section 156 (3) of the Cr.PC. The said complaint was a misuse and abuse of the process of law. The trial Court rightly declined to take cognizance of the complaint filed by the petitioner and dismissed it.
18. Accordingly, the criminal revision petition filed by the petitioner is dismissed. Trial Court record be sent back alongwith a copy of the present order. Revision file be consigned to record room. SANJAY Digitally signed by SANJAY SHARMA SHARMA Date: 2021.10.04 17:29:58 +0530 Announced in the open Court SANJAY SHARMA-II on this 04th October, 2021 Addl. Sessions Judge-03 (Central) Tis Hazari Courts, Delhi Cr. Rev. No. 745/2019 Help Indian Against Corruption vs. State & Ors. Page No. 9 of 10 Help Indian Against Corruption vs. State & Ors. CNR No.: DLCT010162442019 Crl. Revision No. 745/2019 04.10.2021 Present : Mr. L.K. Sharma, Advocate for the petitioner.
Mr. Amit Dabas, Ld. Addl. PP for the State / the respondent No. 1.
Mr. Dharamvir Gupta, Advocate for the respondent No. 2 and 3.
Vide separate order, the criminal revision petition filed by the petitioner is dismissed. The revision file be consigned to record room. Digitally signed SANJAY by SANJAY SHARMA SHARMA Date: 2021.10.04 17:30:10 +0530 Sanjay SharmaII ASJ03, Central District, Tis Hazari Courts, Delhi NK 04.10.2021 Cr. Rev. No. 745/2019 Help Indian Against Corruption vs. State & Ors. Page No. 10 of 10