'Verfiy & Pay It' : Supreme Court To Delhi Finance Secretary On Funds Due To Delhi Jal Board

The Supreme Court today (April 5) asked the Finance Department of the Government of National Capital Territory of Delhi (GNCTD) to verify the amounts pending to be paid to the Delhi Jal Board (DJB) and settle the dues before the next hearing.

The Court was hearing a writ petition filed by the GNCTD alleging that its own Finance Department was withholding the funds due to the DJB, which were approved by the legislature.

The bench comprising Chief Justice of India DY Chandrachud suggested to Senior Advocate Mahesh Jethmalani appearing for the Principle Secretary (Finance) that the pending funds could be duly settled.

"Whatever is liable to be paid, by Wednesday make sure you pay...ask them (finance department) to verify and pay it over" 

As per the Delhi Government, an amount of Rs. 1927 Crore of unreleased funds payable to the DJB,  was approved by the Delhi Assembly for the FY 2023-24. 

Dr Singhvi along Mr Shadan Farasat appearing on behalf of the GNCTD submitted that the state minister has written six times to the concerned authorites for the pending disbursal of funds. He suggested that now the funds be alloted from the FY 2024-25 budget. 

CJI asked if that was possible since the funds would have lapsed. Singhvi reminded the Court of the earlier assurance given by the CJI when the petitioners had approached the bench for urgent hearing. When the issue was raised bySinghvi as to the fundings lapsing on March 31, the CJI had reverted that in the event the bench rules in their favour, the lapsed fund would be reversed.

Jethmalani submitted that procedurally, only the DJB can requisition for the release of funds and not the Government, but in the present case the DJB has not even been made a party. 

" The board is not a party here. It is the board which makes the requisitions. In the High Court the matter is pending roughly on the same issues, the board has filed an affidavit ....the requisition for a loan or an aid advanced by the Finace department comes from the DJB. It is not a minister who has any right in this. This is a Minister who has filed a case against his own secretary" 

Noting the same, the CJI said that the bench implead DJB as a party and issue notice to them to understand from them the nuances of the pending funds.  

While doing so, the Court remarked the need for the central authorities to clear the pending dues of the DJB. 

" There were some queries by the finance department, he (petitioner) has said that I have answered those queries. Take instructions in that and then whatever is payable, pay it out of your last year's funds." 

Agreeing to the same, Mr Jethmalani however added, "There is motive behind this petition. That's all I'll say". 

In the last hearing, the GNCTD submitted that the Secretaries were not listening to the Government after the Parliament passed a law last year diluting the Delhi Government's control over civil servants and making them subject to the LG's authority. They also informed the bench that after the writ petition was filed, the Finance Secretary released Rs 760 crores on March 31, which was utilised on the same day itself to clear the pending bills. The bench had also issued notice to the Delhi Finance Secretary.  

The Delhi Lieutenant Governor took the stand that he has nothing to do with the allocation of funds to the DJB, which is a statutory body.

Case Details : GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI vs. OFFICE OF LIEUTENANT GOVERNOR OF NCT OF DELHI W.P.(C) No. 000197 - / 2024

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