The Commission's power is limited to making recommendations and inquiries, not investigations or adjudications. The complaint should relate to specific incidents of depriving Scheduled Castes of their rights and safeguards.

V.K.JAIN, J. (ORAL)

There is a dispute between the petitioner-MCD and respondent No.1-Lal Chand with respect to title of plot No. 286-287, Lajwanti Garden, New Delhi. According to the petitioner, the said plot, which was a park, was handed over to it by the Horticulture Department of DDA on 06.06.1988, for being maintained as a park. The case of respondent No.1-Lal Chand, on the other hand, is that the aforesaid property was purchased by him from one Mr Ajit Singh, attorney of four persons, namely, Rohtash Singh, Surender Kumar, Rajender Singh and Lachho Devi, by way of a sale deed executed in the year 2006.

2. A complaint dated 22.10.2010 was made by respondent No. 1 to the Chairman of respondent No.2-National Commission for Scheduled Castes (hereinafter referred to as the Commission), alleging therein that the petitioner-MCD had encroached upon the said plot and developed into a children park. Vide summons dated 14.12.2010, the said Commission informed the petitioner that it had decided to investigate into the representation made by respondent No. 1 and required it to bring the details/documents on the subject. On hearing the Commissioner of the petitioner-MCD, the Chairman of the Commission in a meeting held on 27.12.2010, directed MCD to handover the aforesaid plots to respondent No.1 and submit a compliance report within 15 days. The minutes of the aforesaid meeting were forwarded to MCD vide Commission?s letter dated 03.01.2011. In its Action Taken Report submitted to the Commission, MCD maintained that the aforesaid property was a park which could not be handed over to respondent No. 1. The matter was discussed by the Commission in a meeting held on 10.01.2011, which was also attended by Commissioner and other officers of MCD. It appears that MCD, in support of its case, placed reliance upon a letter dated 29.12.2010 from DDA, confirming that the aforesaid property was developed by it as a park and handed over to MCD on 06.06.1988 as one of the five parks. The Commission observed that the said letter from DDA was tailor-made as against its earlier letter dated 09.04.2003, mentioning therein that no such land has been transferred by DDA and asked MCD to examine the issues raised by respondent No. 1. MCD vide its communication dated 17.02.2011 forwarded its comments and action in the matter to the Commission. This was followed by further discussion by the Chairman of the Commission with MCD officers and in its meeting held on 16.05.2011, the Commission was of the view that it was unacquired land area which comprised plot No. 286-287 and directed consideration of the case of respondent No.1 in the light of findings of the Demarcation Committee, constituted by DDA on the directions of the Commission. During the discussion held on 20.06.2011, the Chairman of the Commission observed that there was a clear proposal in the file, to handover the aforesaid plots to respondent No. 1 and that if the officers with mala fide intentions tried to grab the land of respondent No.1, who belonged to a Scheduled Castes, they would be booked under POA Act, 1989. Being aggrieved from the various communications received from the Commission, the MCD is before this Court, seeking the following reliefs: “a) issue a writ of mandamus or any other writ or like nature thereby quashing the impugned inquiry initiated by the Respondent no. 2 against the Petitioner based upon a frivolous complaint dated 21.10.2010 filed by Respondent no.1;

b) issue a writ of Mandamus or any other writ of like nature thereby directing that the Complaint dated 21.10.2010 filed by Respondent No. 1 is not maintainable and the Respondent no.2 has no jurisdiction in accordance with Article 338 of the Constitution of India and the said Rules to entertain, investigate and pass final orders thereby directing the Petitioner to hand over the property bearing Plot no. 286-287, Lajwanti Garden, New Delhi to Respondent No.1; c) issue a writ of Certiorari or