AAP’s public-friendly projects receive a jolt with HC verdict

Several ambitious initiatives of the Arvind Kejriwal government have received a jolt due to the Delhi High Court’s verdict on Thursday. In addition to adversely affecting several pipeline policies of the Delhi government, two flagship projects particularly — hike in compensation to farmers and compensation on unscheduled power cuts; are now illegal. The verdict has virtually put Delhi Chief Minister Arvind Kejriwal and his council of ministers as sub-ordinates to the office of the Lieutenant Governor. 

Similarly, the issue of appointment and posting of top IAS officers is now under the jurisdiction of the LG. Since, the first tussle with Jung on the issue of appointment of Shakuntala D Gamlin as acting Chief Secretary of Delhi, several IAS officers have been transferred without the LG’s approval. Now, the government will need to get approval of those transfers and postings from the LG office and prior approval for all the transfers and postings in the future. 

“The proceedings of the department of power directing the Delhi Electricity Regulatory Commission (DERC) regarding disruption in electricity supply to consumers and compensation payable in respect thereof are illegal and unconstitutional,” said the order by the double Bench of Delhi High Court 

comprising Chief Justice G Rohini and Jayant Nath. Delhi’s Power Minister Satyendar Jain had directed DERC to include a penalty clause where discoms would be liable to pay Rs 50 per hour per household for the first two hours of outage. 

“If the power cut exceeded two hours, then the discom will be made to pay Rs 100 per hour till it restores supply,” Jain had said in the order. As per the provision, the penalty amount was to be adjusted in the bill within three months from the date of penalty. The discoms had to inform the consumers for planned outages regarding maintenance 15 days in advance. 

“People have elected their MLAs. They come to their MLAs for their problems. What we can do if we don’t have the powers,” said Delhi Deputy Chief Minister Manish Sisodia questioning the very use of having an ‘elected government’ in the city. 

He further said: “How can we fulfil the expectations of the people who have elected us,” he added. Elaborating on the issue of farmers he said: “The real estate giants in the city are purchasing land of farmers on pittance and selling them to home buyers at very high prices. The farmers are not getting benefits,” added Sisodia. 

The AAP government in August 4, 2015, had issued notification hiking minimum rate of farm lands from Rs 53 lakh per acre to Rs 1 crore to Rs 3.5 crore per acre. The notification was challenged in the Delhi High Court through a PIL as the approval of the LG was not taken. 

“The notification issued by the government of NCT of Delhi, Revenue Department revising the minimum rates for the purpose of chargeability of stamp duty on the instruments related to sale and transfer of agriculture land is illegal since the said notification was issued without seeking the concurrence of the LG,” the order mentioned. The court found notification was in violation of Article 239 and 239 AA of the Constitution. 

Besides these, the action taken against private schools for arbitrary hiking fees, scrutiny of private school accounts on their demand of fee hikes and action taken against private schools on EWS admission issues may also be stuck in legal issues. The court has, however, given a relief to Kejriwal that the prosecutors appointed by his government in the court will not face any legal issue and can continue their services.