RAJEEV MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) These proceedings arise from Civil writ Petition No. 6734/2000 which is in the nature of a public interest litigation. It is stated in the writ petition that some time in March 2000 the petitioner had purchased Plot No. 37C measuring 834 square yards at Ashoka Avenue, Sainik Farms, New Delhi. It is the case of the petitioner that he was approached by Shri R.S. Sehrawat, Junior Engineer, M.C.D., and Shri Puran Singh Rawat, Baildar, M.C.D. They asked him to pay rupees one lakh per month for allowing him to raise construction on the site. The petitioner claims to have told them that the amount demanded by them was excessive and he was not in a position to pay the same. The petitioner with a view to protect the plot is stated to have started the work of raising the boundary wall. Constable Surinder Singh and Constable JaI Kishan, Field Officers, belonging to the Delhi Police, 'objected to the construction of the boundary wall on the ground that the same was not permissible and required the petitioner to pay some money to them for allowing him to carry on the construction. It is also claimed that the petitioner paid a sum of Rs.1,0000/ to them. It is also alleged that Sub Inspector Man Mohan, Chowki Incharge of the area, approached the petitioner and asked him to pay a sum of Rs.1,500.00 for allowing him to complete the construction of the boundary wall. It is further asserted that the Sub Inspector asked the petitioner -to visit the Chowki (Police Station Ambedkar Nagar) in case he wanted to construct the property as he would make arrangements with the M.C.D. the Chowki (Police Station Ambedkar Nagar) and met SI Man Mohan. After some time Shri R.S. Sehrawat and Shri Puran Singh Rawat allegedly came to the Chowki (Police Station Ambedkar Nagar). They told him that they would allow him to construct the property provided he paid a sum of Rs. One lakh to them. Ultimately, it was decided that the petitioner shall pay a sum of Rs.70,000/"- per month to the officers of the M.C.D. till the construction of the property is completed. It was also agreed that a sum of Rs.12,000.00 will be paid to SI Man Mohan. Consequently, on 15/09/2000, the petitioner is said to have paid a sum of Rs.70,000.00 to Shri R.S. Sehrawat, J.E., and Shri Puran Singh Rawat. Besides, a sum of Rs.12,000.00 was allegedly paid to SI Man Mohan, Chowki Incharge, Sainik Farms. On 12/10/2000, after the construction was started, another instalment of Rs.70,000.00 is claimed to have been paid to Shri U.S. Chauhan JE, Shri S.P. BhardwaJ AE, and Shri Puran Singh Rawat and Shri Rakesh, Baildars. It is also claimed that the demand of the police was also met.

(2.) On 30/10/2000, by which time the construction was completed and the finishing jobs were going on, the officials of the M.C.D. and the police department including the S.H.O, Ambedkar Nagar Police Station, came to the site of construction and completely demolished the structure. The petitioner thereafter is stated to have asked Shri R.S. Sehrawat JE, Shri U.S. Chauhan JE, Shri S.P. BhardwaJ AE, Shri Puran Singh Rawat Baildar, Shri Rakesh Baildar, SI Man Mohan to return the money.

(3.) The petitioner has filed the instant writ petition seeking action against illegal and unauthorised constructions raised in the Sainik Farms and for a direction to the respondents to take action against the erring officials of the M.C.D. as well as the police personnel during whose tenure the unauthorised constructions were raised in contravention of the direction of this Court dated 3/11/1997 in Civil writ Petition No. 7,441/93. In the writ petition the petitioner also seeks a direction to the Union of India and the Municipal Corporation of Delhi to place on record their policy with regard to the Sainik Farms. There are number of other prayers but it is not necessary to refer to them for the purposes of this application. On 9/11/2000, this Court directed issuance of notice to the respondents to show cause why rule nisi be not granted.