The Hindu 10.11.2010
Court raps MCD, dismisses 48 cases against violators
New Delhi: In a rebuff to the Municipal Corporation of Delhi, a court here has dismissed 48 criminal cases filed by it against alleged violators of civic law, saying even the identities of the accused have not been verified.
“These complaints reflect the sorry state of affairs in the largest civic body (MCD) in the Capital of the country. I am constrained to opine that no fruitful purpose would be served by keeping these matters alive except to burden the over-burdened judiciary. Hence these complaints are dismissed for non-prosecution,” the court said.
Metropolitan Magistrate Ajay Garg in a common order refused to hear the cases, lodged nearly six years ago by MCD under the Delhi Municipal Corporation Act, against the persons for allegedly carrying out illegal construction in their respective premises in Karol Bagh area.
The court came down heavily on the civic body for filing cases in a “stereotyped” manner after a Deputy Commissioner of MCD informed it that the fresh addresses and parentage of the accused were not available with it.
“The complaint is filed in a stereotype manner without bothering about the consequences of setting the criminal law into motion against a person whose identity cannot be established,” it said.
“As per the record, these cases are on board for many years just for furnishing the better particulars/correct addresses of the accused but the complainant (MCD) gave a deaf ear to the umpteen opportunities provided by this court,” the magistrate said, adding that coercive process such as issuing of summons cannot be taken against the accused in the absence of their “established identities” because there may be thousands of persons by the same name.
“The life and liberty of such persons would be at peril and at the mercy of police officials in case coercive process is issued at the request of the complainant,” it said.
Earlier, Manoj D. Taneja, advocate for an accused, said MCD registered cases against even dead persons.- PTI
