While refusing to grant a prayer restraining the Lokpal to take any coercive steps against officials of the corporation, a single-judge bench of Justice Prathiba Singh said that hearing on the application on stay of the body's order will take place on January 5, 2023. The Delhi High Court Friday refused to stay an order of the Lokpal directing a CBI investigation against officials of the Municipal Corporation of Delhi (MCD) in a complaint before the body alleging illegal and unauthorised construction in South Delhi. While refusing to grant a prayer restraining the Lokpal to take any coercive steps against officials of the corporation, a single-judge bench of Justice Prathiba Singh said that hearing on the application on stay of the body’s order will take place on January 5, 2023. “If you make out a case on the next date, I will stay the proceedings… Once the Lokpal has considered the matter, there are some reasons. I have to hear them,” the HC said to senior advocate Rajshekhar Rao who appeared for the MCD and its officials. The court further directed that advance intimation be given to the Lokpal for the next date of hearing. Rao argued that if a CBI investigation against MCD officials takes place in a case like this then, “nobody would be able to do their work” and, hence by the same logic, Delhi Police should also be investigated for “crimes in the city”. The court, however, said, “MCD can’t be equated with Delhi police”. On the issue of illegal structures in the city, the HC said, “MCD engineers are a problem. Unauthorised construction, encroachment, everything takes place. Something has to be done.” The plea states that the complainant before the Lokpal, Vikram Singh Saini, a former general secretary of Samajwadi Yuvjan Sabha, was allegedly aggrieved by unauthorised construction in South Delhi and sought details from the MCD in an RTI in July 2021. Being dissatisfied with the response, he appealed before the First Appellate Authority (FAA) wherein the complainant was granted a personal hearing and it was directed that he be given a revised reply. According to the plea, Saini filed a second RTI seeking some more information which was provided after a direction by the FAA. The plea alleges that thereafter and without filing a second appeal before the Central Information Commission, Saini moved the Lokpal expressing his “dissatisfaction” towards obtaining “complete” data under RTI with respect to the alleged unauthorised construction. The Lokpal on November 28 directed a CBI investigation against MCD officials based on Saini’s complaint. The plea claims that Saini has “incoherently stated that a few officials of the corporation posted at the Building Department, Green Park, South Zone have failed to discharge their duties effectively (dereliction of duties) and have failed to write letters to Electricity, Water Department etc. to seek disconnection of delinquent builders/ contractors”. “The complainant has further stressed upon the growing population density of the State of NCT of Delhi and how illegal construction is a growing menace while lastly claiming that the aforesaid is owing to the illegal conduct of the officers of the MCD. The antecedents of the complainant are noteworthy inasmuch he has been trying to influence officials of the Corporation to seek undue favours by filing numerous RTIs,” the plea states. The petitioners have contended that the blanket order of the Lokpal 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”. “The Respondent (Lokpal), despite appreciating the fact that the complaint was not filed in a proper format and the fact that the complaint dated 30.12.2021 does not contain any specific allegations of corruption against the concerned officials, has passed an impugned order dated 28.11.2022,” the plea said. The plea claims although unauthorised construction is a menace, however blaming it on certain segments of officials shall cause “great mental and psychological agony to the ground force”. The plea claims that the body’s order violates the principles of natural justice as the investigation has been ordered against the “public servants” who were not a party before the Lokpal in their independent and personal capacity. The plea alleges that the Lokpal’s order is without jurisdiction and transgresses the scope and authority vested with it due to the absence of any incriminating document or inquiry which can show a “prima facie case of corruption” alleged against the officials. The plea seeks quashing of the Lokpal’s order and a stay of the order against the officials in the interim.