Delhi HC Transfers Investigation To CBI In Matters Of Properties Allotments In North West & South Delhi Upon “Forged Letters” By L&BD And DDA
The Delhi High Court transferred the pending investigation in the matters of the issuance of forged recommendation letters by the Land & Building Department (‘L&BD) for land allotments in premier areas, and the subsequent unauthorised property allocations by the Delhi Development Authority (DDA) to the Central Bureau of Investigation (CBI).
The Petition was filed against the Delhi Development Authority (DDA) and Land & Building Department (‘L&BD) contending alarming details about various properties in North, West and South Delhi, allotted by the DDA based on allegedly forged letters from the L&BD. These properties are spread across Delhi and are of significant value, potentially worth crores of rupees.
The Bench of Justice Pratibha M. Singh directed, “DDA shall continue its enquiries and shall take action in accordance with law in an expeditious manner. Efforts shall be made to retrieve the properties which were allotted on forged letter basis with alacrity and with diligence. The efforts of the DDA shall, accordingly, continue…Insofar as the investigation is concerned, the entire investigation into the two FIRs bearing nos. 85/2023 and 77/2024, PS Kotla Mubrakpur be handed over to the Central Bureau of Investigation (CBI) by the EOW-Delhi Police. The CBI shall conduct a thorough investigation in this matter in respect of all the allotments made on forged documents and take action in accordance with law.”
Advocate Kasim Khan appeared for the Petitioner and Standing Counsels Sanjay Katyal and Sanjay Kumar Pathak appeared for the Respondents.
The Court said that the inaction by both the DDA and the L&BD has eroded the trust of the public and the confidence of the Court that the said authorities can deal with the issues in an unbiased manner.
The Court opined, “That considering the complex situation revealed through the various orders of this Court in the present writ petition—specifically, the issuance of forged recommendation letters by the L&BD for land allotments, and the subsequent unauthorised property allocations by the DDA—the disclosures made during the course of this writ petition presents a significant challenge to the integrity of public administration and trust. The involvement of various officials across multiple departments, along with the 40 year period over which these malpractices have occurred, raises concerns about systemic vulnerabilities within these authorities.”
The matter was pending adjudication for more than a year and valuable properties in areas of North Delhi, West Delhi and South Delhi, which may have a market value of more than Rs. 1000 crores, were allegedly allotted on forged documents, consequently resulting in substantial monetary loss to the exchequer.
The Bench condemned the act of the authorities and said “The situation involving the distribution of forged letters by the L&BD, and the subsequent failure to take timely action against this malpractice, is a clear sign of the malaise that has crept into the public authorities and their functioning. When officials from organizations such as the DDA and the L&BD are implicated in such matters, it shakes the foundation of public trust. It is crucial, therefore, that every measure is taken to investigate these incidents thoroughly. Needless to state that in such matters authorities must act promptly, transparently and hold those responsible accountable. Failure to do so could lead to erosion of the public’s confidence in the authorities, making it extremely challenging to rebuild that trust.”
The Court also discussed the Public Trust Doctrine and consequently, converted the matter into a ‘Public Interest Litigation’ to be placed before the Hon’ble the Acting Chief Justice for being taken up on the judicial side in the manner as deemed appropriate.
Accordingly, the Court disposed of the petition.
Cause Title: Govind Saran Sharma v. Delhi Development Authority and Anr. (Neutral Citation: 2024: DHC:2409)
Appearances:
Petitioner: Advocates Kasim Khan and Aman Mirza
Respondents: Standing Counsels Sanjay Katyal, Sanjay Kumar Pathak, CGSCs Ripudaman Bhardwaj, Anurag Ahluwalia, ASC GNCTD Hetu Arora Sethi along with Advocates Sumit Chander, Gurdeep Chauhan, Mahak Dua, Amit Agarwal Sunil Kumar Jha, M.S. Akhtar, Kavita Nailwal and Avshreya Pratap Singh Rudy.