LG seeks speedy formation of MCD panels
Saxena criticised the Aam Aadmi Party (AAP) government and its ministers for “constant shadow boxing” and “litigious nature, bringing crucial public services to a grinding halt”
New Delhi
Three days after the Supreme Court ruled that the lieutenant governor (LG) of Delhi has the power to nominate the aldermen in the Municipal Corporation of Delhi (MCD) without the Delhi government’s advice, LG VK Saxena on Wednesday called for the speedy formation of key panels that have been pending for over a year-and-a-half.
Saxena criticised the Aam Aadmi Party (AAP) government and its ministers for “constant shadow boxing” and “litigious nature, bringing crucial public services to a grinding halt.”
In response, AAP said the LG’s office “repeatedly transgressed all constitutional boundaries and norms”, alleging it forced them to move court. “Delhi government has consistently received relief from the court. If we were wrong, why would the courts rule in our favour on the DERC matter or the Delhi mayor’s election?” AAP said in a statement.
On Monday, justice Narasimha, delivering the verdict on behalf of the bench comprising Chief Justice of India DY Chandrachud, said that the appointment of aldermen is a “statutory duty” of the LG, who is not bound by the state cabinet’s aid and advice in the matter. The dispute over the appointment of aldermen has left key panels, such as the standing committee, wards committee and other special committees, in limbo, causing policy matters to remain stuck.
Saxena on Wednesday said: “With the apex court having categorically ruled in the matter of appointment of Aldermen, the MCD will expeditiously take steps to put into place statutorily required bodies and processes, hitherto lying pending for the past about 19 months. “
A statement from the LG secretariat said it was a matter of concern that despite the point of law and constitutional position being as clear as they were, the Delhi government decided to get into pointless litigation “crippling the MCD, which could have done the required works had the statutory committees been put in place well in time.”
“Similar violation of due processes by means of motivated and pointless litigation in the apex court, have also been done by ministers in various other routine matters. Successive governments since 1993 have worked in the same framework and contributed to the development of the city. However, the constant shadow boxing in media and litigious nature of the current government has brought crucial public services to a grinding halt,” the LG secretariat has said, calling for a “soul searching and introspection by the government.”
AAP’s statement cited that on May 12, 2023, the Supreme Court ruled that the LG does not have sweeping executive powers in Delhi and that the Centre must respect Delhi’s unique “asymmetric federal model.”
“We fought against the unconstitutional notice on ‘services’ issued by them (Central Govt) in the Supreme Court for eight years. Without our litigation, Delhiites would not have received the Supreme Court’s constitutional bench’s order. The LG office, in cahoots with the BJP, has been flouting constitutional norms, and we thank the Supreme Court for repeatedly safeguarding constitutional values. However, we respectfully disagree with the latest verdict and will explore other legal remedies available,” AAP said.
The stuck decisions extend to layout plans of major infrastructure projects, which can only be cleared by the standing committee, as over 60 such projects are currently stuck with the town planning department. “Among the major projects which are pending are the projects for appointing new companies to clear landfill sites, under which new operators need to be hired for bio-mining of three million tonnes of legacy waste, and new toll tax collectors,” an MCD official, requesting anonymity said.
The standing committee’s approval is also needed for layout plan approval of projects, such as the new DTC township in Hari Nagar, hostel towers for Delhi University, IIFT Maidangarhi and another tower on DDU Marg.