The Times of India  10.11.2010

Court slams MCD, dismisses 48 cases

NEW DELHI: Pulling up the Municipal Corporation of Delhi (MCD) for showing laxity in work, a trial court dismissed 48 criminal cases filed by the civic agency 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) 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," the court said.

Metropolitan Magistrate Ajay Garg, in a common order, refused to hear the cases lodged about six years ago by the civic body under the Delhi Municipal Corporation Act against certain persons for allegedly carrying out illegal construction in their respective premises in Karol Bagh. The court came down heavily on the civic body for filing cases in a ''stereotype'' manner after a deputy commissioner of MCD informed it that addresses and other information like name of parents of the alleged violators were not available with it.

''The complaints are filed in a stereotype manner without bothering about the consequences of setting the criminal law into motion against persons whose identity cannot be established,'' the court said.

As per the record, these cases were kept pending for several years because particulars/correct addresses of the accused were not given by the complainant.

The court said 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.