Subodh Jain v. Union Of India & ORS

$~4 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)No.6827/2016 % Date of decision : 6th September, 2017 SUBODH JAIN ..... Petitioner Through :

Mr. Keshav Mohan, Mr. Rishi Awasthi and Ms. Anindita Barman, Advs.

versus UNION OF INDIA & ORS ..... Respondents Through :

Ms. Suparna Srivastava, Standing Counsel for UOI.

Mr. Digvijay Rai, Adv. for R-2.

Mr. Gopal Jain, Sr. Adv. with Mr. Atul Sharma, Mr.

Sarojanand Jha, Mr. Yash Srivastava and Mr. Pratap Singh, Advs. for R-3.

Mr. Arvind K. Nigam, Sr. Adv.

with Ms. Meenakshi Chatterjee and Mr. Akshay Sahni, Advs.

for R-4.

Ms. Eshita Baruah, Adv. for Mr. Gaurang Kanth, Adv. for CAG/R-5.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE 1.

This writ petition seeks issuance of mandamus to the Government of India directing the Comptroller and Auditor General of W.P.(C)No.6827/2016 Page 1 of 2

accounts for conducting a proper and meaningful audit of the accounts of Delhi International Airport Ltd. (respondent no.3 herein) and Mumbai International Airport Ltd. (respondent no.4 herein). 2.

The writ petitioner makes a further prayer for direction to the Union of India to constitute a "Committee to look into laws governing the audit of all Public Private Projects in the country and to suggest immediate measures to implement such rules to ensure audit of public money".

3.

It needs no elaboration that no writ directing the Government of India to legislate can possibly be issued. We also find that this writ petition has been filed without making any representation to the Government of India.

4.

In view thereof, this writ petition is disposed of with a direction to the respondent no.1 to treat the same as a representation and take a view on the points flagged by the writ petitioner. 5.

It shall be open for the petitioner to place any other material before the respondent no.1. It is made clear that nothing herein contained is an expression of opinion on the merits of the petitioner's contentions.

Dasti to parties.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J SEPTEMBER 06, 2017 aj W.P.(C)No.6827/2016 Page 2 of 2