Delhi court upholds order discharging MCD official in 1999 case

A Delhi court has upheld a magistrate court order discharging a South Delhi Municipal Corporation (SDMC) official, who was accused of robbing and threatening a man nearly two decades ago for illegally occupying a government land to set up his stitching business.

Additional Sessions Judge Sanjeev Kumar dismissed Kaushal Kumar's appeal against the SDMC official for allegedly taking away his belongings and giving him death threat.

"I agree with the trial court that no offence is made out against the respondent (SDMC official) because he (Kaushal Kumar) was not having permission to sit there and he had no permission to run sewing machine.

"The place/land where he was running sewing machine, belongs to government and he was having no right, title or interest to stay on the government land. MCD officials have to remove or get the place vacated if it is occupied illegally or without permission from the competent authority," the judge said.

The court said Kaushal Kumar did not produce any document to show he had set up his business on the land with legal permission.

"Revisionist could not produce any tehbazari receipt or any paper issued by the MCD for running sewing machine. Hence, revision is dismissed," it said.

In May 2016, a magistrate court discharged the MCD official of the offences under sections 392 (robbery) and 506 (criminal intimidation) of the IPC on Kumar's complaint.

According to Kaushal Kumar, he was working in his shop in Kailash Colony in south Delhi on January 5, 1999, when the MCD official came there and took away his belongings and threatened to kill him if he was seen working there again.

The SDMC official denied the allegations, saying Kaushal Kumar was illegally occupying the land.