SC gives 3 powers to Delhi
NEW DELHI: In a major jolt to the AAP government dispensation, the Supreme Court on Thursday delivered a split verdict on the contentious issue of control of services in the national capital between the Delhi government but has given some extent relief to AAP government.
The three areas in which the Delhi government will have powers are appointment of special public prosecutors or law officers, fixing land revenue rate and power to appoint or deal with electricity Commission or board.
After the Delhi High Court verdict on August 4, 2016, Lieutenant Governor Najeeb Jung had cancelled the appointment of 15 counsels, who had been picked by the Delhi government to argue its cases in the Supreme court.
Similarly, the hiring of lawyers that LG Anil Baijal had cancelled 8 advocates in May last year, but all advocates have been reinstated in the wake of the Supreme Court's judgment on the powers of the elected government.
With the Supreme Court's Constitution Bench ruling on July 4, 2018 that the LG's concurrence was not required for proposals other than the reserved subjects of land, police and public order, the AAP government had said the LG's order of May 16 did not stand. The Second relief for AAP government is that fixing land revenue rate ase well as to provide farmer's compension amouts.
Things had gone wrong on August 4, 2015, when the revenue department of the Delhi government had issued a notification raising the circle rate of agriculture land of Delhi from Rs 53 lakh per acre all across Delhi to Rs 1 crore-to Rs 3.5 crore per acre depending on the different market rates in different areas in Delhi. Just a week after that, on August 10, 2015 LG Najeeb Jung had stayed this notification for further examination.
Even former Chief Minister Sheila Dikshit had faced similar at loggerheads with then LG Tejender Khana, who had returned circle rate file to Delhi Secretariat. The Third relief got AAP government is that power to appoint or deal with electricity Commission or board.
It is pertinent mentioned that LG Najeeb Jung had scrapped appointment of DERC Chairman Krishna Sain in September 2016, after the August 4 Delhi High Court verdict giving to the Primacy to the LG . At that time had asked the Delhi government to start the selection process from the beginning as per the law.