KAMRANSIDDIQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, filed as aPublic Interest Litigation, avers that the respondent no. 5 Shri Asif Mohd. Khan,Member of the Legislative Assembly of Delhi from the Okhla Constituency ismisusing public funds of Rs.2.8 crores belonging to the MLA - Local AreaDevelopment Fund, for beautification of graveyard in / at Batla House as luxuryproject by demolishing the existing boundary wall thereof (which was not in needof any repair or reconstruction) and in rebuilding the same. It is further theaverment that though the sewer lines, roads, streets in the said Constituencyare in a poor condition, resulting in water logging, and though there are nogovernment dispensaries, public toilets in the locality and the primary schoolsexisting have very poor infrastructure but instead of using the public monies onthe same, they are being wasted as aforesaid. Averments are also made of a nexusbetween the respondent no. 5 MLA and the contractors, of receiving kickbacks fromthe contractors engaged to do the aforesaid work which will benefit none of theresidents of the Constituency.

(2.) IT is further the case in the petition that the respondent no. 5 MLA has also indulged in encroachment over public land and inquiries in that regard pending before the Lokayukta, Delhi are held up owing to there being a vacancy since 5th November, 2013 in the Office of the Lokayukta, Delhi. Other complaints against the respondent no. 5 MLA are also stated to be pending at final stage in the Office of the Lokayukta, Delhi.

(3.) RELIEFS of (i) restraining the misuse of the said funds; (ii) directionfor Court monitored investigation by Special Investigation Team or the CBI intomisuse of public funds and abuse and misuse of power by public functionaries andthe contractors; (iii) direction for extension of the term of the last holder ofthe Office of the Lokayukta, Delhi till the formation of new Government of NCTof Delhi; and, (iv) a direction to the Union of India and Govt. of NCT of Delhifor allotting land for graveyard in Shaheen Bagh, Okhla, are claimed.