Delhi Government Says Budgetary Provision Made For RRTS Project; Supreme Court Grants 7 Days Time To Transmit The Amount

On Wednesday (December 13), the Supreme Court recorded the Delhi government's submission that they have made budgetary provisions for the Regional Rapid Transit System (RRTS) project and are waiting for approval from the Central Government. Against this backdrop, the Court granted 7 days' time to the Delhi government to transmit the amount. Additionally, the Court strictly directed the Delhi Government to abide by the schedule concerning the allocation of funds for this project. 

A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a batch of pleas raising concerns over the deteriorating air quality in the Delhi-National Capital Region (NCR). The region typically faces heightened pollution during the winter months, largely due to factors such as stubble burning in neighbouring states.

In July, the Delhi government had undertaken before the Supreme Court that it would make budgetary provisions for the RRTS project after being directed to show the budgetary allocations made for government advertisements. "If 1100 crores can be spent for advertisement in the last three financial years, certainly, contributions can be made to infrastructure projects," the bench led by Justice Kaul had observed then.

On November 21, the court expressed dissatisfaction with the Delhi government for failing to fulfill its commitment to allocate funds for the Regional Rapid Rail Transit System Project, calling it a 'gross breach.' In response, it passed an order to transfer government advertisement funds for the project, but at the behest of the counsel representing the Delhi government, it agreed to stay the order for a week.

Following this, on November 28, the court was informed that the Delhi government had only disbursed a portion of the amount it was directed to transfer. In view of this, the Court categorically opined that there can be no question of partial compliance and ordered complete compliance.

Today, at the commencement of the hearing, Senior Advocate S Muralidhar pointed out that the government of India has to approve these two projects (Delhi-Alwar and Delhi-Panipat Corridor). "Even the applicant, i.e., NCRTC(National Capital Rail Transport Corporation), does not say that the government of India has approved it. The minute the government of India approves, we will release these (funds).,” he submitted.

However, Amicus curiae, Senior Advocate Aparajita Singh strongly objected to the same, saying that as per the undertaking given to the Court, the Delhi Government has to abide by the schedule.

"They gave an undertaking to your lordship that they will abide by the schedule. They should pay by the schedule.," Singh asserted.  

Muralidhar tried convincing the Bench that budgetary provisions had been made. However, his argument that the government of India's approval is required did not find favor with the Court.

At this stage, Attorney-General R Venkataramani also submitted that he does not think there will be any problem with the approval. Thereafter, Singh also voiced her concern that these projects are done under the loan. She added: “These are international loans and every time they delay it, their cost is rising.”

At this juncture, Muralidhar refers to the NCRTC's application to support his arguments.

In view of these facts and circumstances, the Court ordered:

“Dr. Murlidhar sought to raise an issue that while the State government has made the budgetary provisions now for the Delhi-Alwar and Delhi-Panipat Corridor, they were waiting approval of the Central Government. We may note that the other states have already transferred the money in 2019 and 2020, and Ld. Attorney General, present on behalf of the Government, says that there is no problem as far as the formal approval is concerned….Grant 7 days' time to the Delhi government to transmit the amount. Needless to say the Delhi Government will continue to abide by the schedule and will not give an opportunity to this Court to revive the order dated 21st November, 2023. ”