Subodh Jain vs Union Of India & Ors
2017 Latest Caselaw 4807 Del

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*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

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