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17. Learned counsel further submitted that the entire case of CBI is that there was unauthorized construction and, therefore, it should be presumed that there was collusion between the Architect, MCD Officers and Engineers and some pecuniary advantages were made to the owner, as a result of the said unauthorized construction.

18. He submitted that the entire case of CBI is based on the presumption that there was illegal and unauthorized construction in the year 1991. The action of CBI is wholly without jurisdiction as offences under the MCD Act are not notified by the Central Government under Section 3 of The Delhi Special Police Establishment Act, 1946 (hereinafter to be referred as „DSPE Act‟). CBI is empowered to investigate only the offence notified by the Central Government under Section 5 of DSPE Act. The MCD Act is a special Act and application of any other Act is excluded.

27. Learned counsel further submitted that the entire case of CBI is based on the presumption that there has been unauthorized construction and violation of the MCD Bye-laws. It is submitted that CBI, which is a creation of the Statute is only authorized to investigate offences notified by the Central Government under Section 3 of DSPE Act. The MCD Act is a Special Act and the offences under the MCD Act are not the offences in respect of which any notification has been issued by the Central Government authorizing CBI to investigate any violation thereof. Thus, the action of CBI is wholly without jurisdiction.

108. It is not in dispute that under Section 3 of DSPE Act, offences committed under the MCD Act are not included.

109. The argument of the CBI is that the charges are framed against the petitioners for the offences punishable under the Indian Penal Code and under Prevention of Corruption Act, and not of the offences mentioned under the MCD Act.

110. It is also admitted by the CBI that qua the unauthorized constructions, action was taken under the MCD Act and accordingly unauthorized portion was demolished on 09.06.1997. Thereafter, no proceedings have been initiated against the builder and the Architect.

111. The MCD Act is a separate and special Code which deals with the offences committed under the MCD Act, 1957. Sections 343-345 of the DMC Act deal with unauthorized construction, orders of demolition, orders of stoppage of building work and power of the Commissioner to require alteration of works. Section 345A of DMC Act provides for powers to deal unauthorized constructions. Any violation of the provisions of the DMC Act provides for prosecution and Section 467 of DMC Act prohibits and bars any other Court to take cognizance of or proceed with trial except on a complaint from the Commissioner or anyone authorized by him. Section 468 of the DMC Act provides that the said offences under the DMC Act are compoundable. Accordingly, MCD Code is a complete Code in itself and bars any other agency or Court from taking cognizance of any violation of the MCD Code. Therefore, the CBI or any Authority has no power to usurp the functions of the petitioners under the DMC Act and to investigate the matter of unauthorized construction in violation of MCD Bye-laws, unless it is notified by the Central Government.