The Supreme Court will hear the issue of “services” under Schedule VII, List II, Entry 41 of the Constitution of India and the stand-off between the Delhi Lieutenant Governor and the Aam Aadmi Party government in Delhi after the Dussehra vacation.

The matter was mentioned before the bench of Chief Justice N.V. Ramana on Tuesday by Senior Advocate Rahul Mehra, who sought an early hearing of the case pertaining to the to the legal dispute between the Government of the National Capital Territory of Delhi (GNCTD) and the Union Government relating to the control of services. The Chief Justice of India said a Bench will be constituted after the upcoming vacation.

Earlier in February 2019, a two-judge bench of the Supreme Court of Justices A.K. Sikri and Ashok Bhushan had differed on the question of powers of the GNCTD and the Union Government over services, and thus referred the matter to a three-judge bench.

The judges differed on whether the exclusion of “services” relatable to Entry 41 of List II of the Seventh Schedule from the legislative and executive domain of the NCT of Delhi, vide notification of the Government of India, dated May 21, 2015, is unconstitutional and illegal. Therefore, this aspect was referred to a larger bench.

Rahul Mehra, appearing on behalf of Delhi Government, mentioned this pending reference before the Chief Justice of India for the early listing.

Mehra submitted, “It is a matter pertaining to issue of services which find mention in entry 41 of list II. Pursuant to Constitutional Bench judgement, only three subjects were kept in domain of Union government – Police, land and public order. The two-judges Bench expressed divergent views about the matter and it was referred to 3-Judge Bench. Since entire administrative control vests currently with Central Government, it is an important issue and impedes on the ability of Delhi government to govern and implement its policies.”

The Chief Justice asked, “It’s a 5-judge bench matter?”

“It was a 3-judge bench matter. It is placed before them,” Mehra replied.

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“After Dussehra vacation. We have to constitute a Bench,” said the CJI.

On April 14, 2019, the Supreme Court  had decided on various individual aspects regarding the clash between Delhi government and the Lieutenant Governor. In the split verdict, Justice Sikri held that transfers and postings of officers of and above the rank of Joint Secretary are under the powers of the LG; other officers are under the control of Delhi Govt. On this aspect, Justice Bhushan dissented to hold that “services” were totally outside the purview of Delhi Government.

The Aam Aadmi Party (AAP) government led by Arvind Kejriwal, pushed for an early hearing of the appeal and sought to exercise legislative and executive powers over IAS, IPS, and other officers of various services in Delhi.

The Delhi government had contended that it has been excluded by the Centre from exercising administrative control over the officers and that the officers were continuing to act on the orders of the Centre through the LG.

The Delhi High Court recently issued notice to the India International Convention and Exhibition Centre Ltd, as well as Larsen and Toubro Ltd, and directed them to take urgent steps to repair the road leading to New Era Public School in Dwarka, which was allegedly damaged by the development of the Exhibition-Cum-Convention Centre, carried out by the said parties.

The Single-Judge Bench of Justice Rekha Palli on August 27 also issued notices to the Union of India, Government of National Capital Territory of Delhi, South Delhi Municipal Corporation, Public Works Department, Delhi Metro Rail Corporation Ltd and the Delhi Development Authority.

“It is expected that by the next date of hearing, which is September 24, the respondent responsible for the maintenance of road adjacent to New Era Public School, Dwarka, will endeavour to take corrective action, so as to make the road usable,” observed the High Court.

The Bench was hearing a petition filed by New Era Public School, Sector 24, Dwarka, seeking directions to the India International Convention and Exhibition Centre Ltd and Larsen and Tuobro Ltd, to undertake repair work on the road adjacent to the petitioner school, which has been damaged by rough use of the respondents.

HC directs appropriate authority to take urgent action, so that the road is made useable at the earliest

The petitioners are New Era Public School, Sector 24, Dwarka. According to the petition, the location of the said school was selected as the area was clean and unpolluted, owing to the remoteness from the metropolitan city.

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The petition averred that in 2017, India International Convention and Exhibition Centre Ltd awarded a contract to Larsen and Tuobro Ltd. For design, engineering and construction of a Convention Centre, at an estimated cost of Rs 25703 crore. The plea further alleged that the aforementioned Convention Centre is approximately three kilometres from the Petitioner school building.

According to the petition, the location of the Convention Centre is accessible through a six hundred metre long and about twenty feet wide road, the said road is adjacent to and in front of the primary gate for New Era Public School and is necessary for ingress and egress to the school premises.

The petition claimed that Larsen and Turbo Ltd had been overusing the road on a regular basis, to transport a wide range of construction material, heavy machinery, earth moving equipment, construction workers, etc. Further, the construction workers employed by Larsen and Toubro Ltd openly urinated alongside the Road, leading to the menace of foul smell and unhygienic surroundings.

It was also stated in the plea that around June, 2018, the aforementioned road developed numerous bumps and craters as a direct consequence of the overuse of road by Larsen and Toubro Ltd, leaving the said road badly damaged and unusable. As a result of damage caused to the road, the students and staff of New Era Public School found it difficult to access the school.

India International Convention and Exhibition Centre Ltd, being built at an estimated cost of Rs 25703 crore, has caused damage to the road adjacent to New Era Public School

The petitioner submitted that on July 16, 2018, the Principal of New Era Public School wrote a letter to the Project Manager of Larsen and Toubro Ltd, requesting them to repair the road. Subsequently, the company excavated the area alongside the road and dumped the soil on the road, rendering the road unsafe for students, staff and the general public. This prompted the Principal of New Era Public School to write another letter to the Project Manager that again went unanswered.

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The petition further submitted that certain members of New Era Public School’s staff met with accidents while trying to traverse the potholes and suffered injuries. Another point mentioned in the petition was that the potholes were filled with water during rainy season and became a breeding ground for mosquitoes.

Subsequently, the Delhi Metro Rail Corporation (DMRC) started using the road to move heavy construction material and labour for the construction of a nearby metro station. The petitioner school held a meeting with a representative of DMRC, Sanjay Goel, who acknowledged the danger to safety and well-being of students of the petitioner school and further assured that the road will be repaired immediately, but the state of the road has further worsened, leaving the students and staff of New Era Public School aggrieved, contended the plea, filed by Advocate Shashwat Jindal and argued by Advocate Abhijat.

Read order below:

The Central government on Tuesday notified the Government of National Capital Territory of Delhi (GNCTD) Amendment Act, 2021 that gives more power to the Lieutenant Governor of Delhi over the city’s elected government. The Amendment came into effect from April 27, Tuesday, according to the Ministry of Home Affairs notification.

“In exercise of the powers conferred by sub-section (2) of section 1 of the Government of National Capital Territory of Delhi (Amendment) Act, 2021 (15 of 2021), the Central Government hereby appoints the 27th day of April, 2021, as the date on which the provisions of the said Act shall come into force,” the MHA notification said.

According to the amended law, the “Government of Delhi” now means the “Lieutenant Governor of Delhi”, Anil Baijal, who represents the Central government.

The Parliament had passed the Amendment bill on March 24. The Delhi Chief Minister Arvind Kejriwal called it a “sad day for Indian democracy”.

Arvind Kejriwal called the development an “insult” to the people of Delhi and said it “effectively takes away powers from those who were voted by people and gives powers to run Delhi to those who were defeated.”

The Act amends the GNCT of Delhi Act, 1991, a legislation that provides framework for functioning of the Delhi Legislative Assembly and re-defines Delhi Government as the Lieutenant Governor (LG).

The Act amends the GNCT of Delhi Act, 1991, a legislation that re-defines the Delhi Government as the Lieutenant Governor (LG). Now the government will have to seek the opinion of the Lieutenant Governor before taking any executive action. The AAP government is also not allowed to make any rule to enable itself or its Committees to consider the matters of day-to-day administration or conduct inquiries in relation to the administrative decisions.

Section 21 of GNCTD Act 1991 places restrictions on laws passed by Legislative Assembly with respect to certain matters.

Section 24 of GNCTD ACT 1991 states about the procedure of giving assent to Bills  and accords the discretionary power and the manner in which such power to be exercised by the Lieutenant Governor, whenever such bills passed by Legislative Assembly being presented to Lieutenant Governor. In such case, either he himself assents to Bill or withholds his assent therefrom or that he reserves such bill for President consideration.  

Section 33 of GNCTD ACT 1991 permits the Legislative Assembly to frame such rules for regulating the procedure for conduct of its business.  Now, sub section 1 inserted stating that “ after the words “conduct of its business”, the words “which shall not be inconsistent with the Rules of Procedure and Conduct of Business in House of the People” shall be inserted;

Provided that the Lieutenant Governor shall, after consultation with the Speaker of the Legislative Assembly and with the approval of the President, make rules.

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Section 44 of GNCTD ACT, 1991 empowers the President in making such rules— (a) for the allocation of business to the Ministers in so far as it is business with respect to which the Lieutenant Governor is required to act on the aid and advice of his Council of Ministers; and b) for the more convenient transaction of business with the Ministers, including the procedure to be adopted in the case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister.

 ILNS: The Delhi High Court on Tuesday issued a Contempt notice to the official suppliers of the Delhi government supplying oxygen to various hospitals in the national capital, who did not turn up today, despite being summoned, in the issue of hospitals not getting adequate oxygen for the patients suffering from Covid-19.

The bench of Justice Vipin Sanghi and Rekha Palli directed the Government of National Capital Territory of Delhi (GNCTD) to file a report with regard to death on account of shortage of oxygen, name of patients, ward/rooms, time of death and reason in tabular form, within four days. “We have to compensate them as well,” said the Court.

Advocate Rahul Mehra, representing the Delhi government, said “The drug controller releases the medicine when patients are admitted and requires it and submits the requirement.”

Justice Sanghi said, “Your system has failed and because of these circulars, hoarding is happening.

Mr Mehra said, “My Lord, I can ask the drug controller to appear before you tomorrow and state reasons as to why we are following this pattern.”

Justice Sanghi said, “How is anybody able to procure large quantities. Aren’t these prescription drugs? People are uploading messages of providing these drugs?”

Advocate Ajay Kohli, appearing for Delhi Heart and Lungs Institute, said, “We have three hours oxygen left, 100 patients we have contacted nodal officer, even he is helpless.

Justice Sanghi said, “Mr Satyakam, write down the hospital name and resolve it. Where are these Cylinder distributors?”

Mr Satyakam said, “Out of five, only one is here.”

Justice Sanghi said, “Issue contempt against them. Are you aware that hoarding is going on are you aware of it Mr Arora (gas distributor)?”

Justice Rekha Palli said, “Are you complying, are you giving and providing?”

The gas distributor said, “Ma’am, there is a huge line of people in front of our office, nearly 400, demanding oxygen. We just need some security. I only want you to channelise these, so that I know who to supply. There are small hospitals with lesser number of beds.

“Then, there are always SOS situations, there has to be some information regarding small and big hospitals and their requirement,” he added.

Alok Kumar Aggarwal, representing Maharaja Agrasen Hospital in Dwarka said, “For the past seven years, we were getting supply and now, this supplier is not even supplying one cylinder, this supplier is obviously hoarding.”

Justice Sanghi said, “Where is this supplier supplying and why is he not in your list of suppliers Mr Satyakam?
Advocate Satyakam, representing the Delhi government said, “We’ll take our instructions.”

Advocate Kumar said,”Reading allocation order of April 23, 21. Chart showing the amount of oxygen we were supposed to get, they were aware prior, but we haven’t got it.

Mr Satyakam said, “My Lord they are not regular suppliers.

Justice Sanghi said, “What are you saying he is supplying to hospitals regularly and he is not regular.

Archit Arora, distributor poses a question. Mr. Seth is allocated to provide 250 cylinders, if he supplied regular supply to 100 and gets an SOS call, what should we do?

Ashok Sharma- live from hospital, talking about lack of medicine at a hospital for 140 patients.

Mehra said, “My lords we are not able to understand who is doing what?? We are in a corporative state.
Justice Palli- Mr. Mehra the moment you get the complaint you work on that. Why are you not??

Maninder Singh said, “if you wanted to stop this black marketing you could have done in one day only. We have been alloted 3.2 my and we got 1 mt, at 6 we are over.

Sanghi- you have got it and you will get it Mr Maninder. You will get your oxygen before it gets over.

Another supplier said, “Sir I have 4 hospitals (main) and other 74 hospitals, in which I have to manage anyhow.
I get 20 MT, they say give 15 MT. To main hospital and I divide somehow to other hospitals. How can I distribute it, the government says that you have to manage only.”

Mr Maninder said, “Kindly tell them to send individual order if they can’t go for the whole order of different hospitals

Justice Sanghi said, “It’s a grave misfunction on your part.

AK Sharma, representing Mahadurga Charitable Trust, said, “We have been asking for oxygen, but nodal officer is transferring our gas to other suppliers and we are not getting anything.

Principal Secretary said, “We don’t tell any supplier or direct to not give or give to a particular hospital. Whatever Tarun Seth just submitted he has given us a list and asking us whom to supply, this is wrong, he asks us every morning, he needs 30 T and we supply it every morning. We have told him to comply with hospitals.

Sanghi- you are ensuring supply to supplier but you are not looking into hospitals for supply, whose going to look into that. They are hoarding it.

Sachin Puri said, “Seth said if Mr Venkateshwar has oxygen, why isn’t he supplying it to us.

Mr Seth said, “Roz 16 T dete hain, aaj 20 T diya hai, batate nahi hai kisko kitna dena hai, bolte hain apne hisab se dedo.”

To this, the bench said, “If the supplier have stock don’t supply to them, supply directly to the Hospitals, their is no counting of the suppliers distribution. They are abusing and hoarding it.”

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Even suppliers have oxygen, but they are not giving it to hospitals, said the Court, while adding that GNCTD will inform about the stocks of oxygen held by the private suppliers tomorrow. 

The Rajya Sabha today passed the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2021 introduced to extend the time period allowed for the Government to regularise unauthorised colonies by the Ministry of Housing and Urban Affairs of India.

The bill has been brought to curb the problems of encroachment on public land, growth of slums, unauthorised constructions, commercial usage of residential areas, inadequacy of housing stocks, etc.

The Bill will replace the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance, 2020.

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Hardeep Singh Puri, Minister of State (Independent Charge) of Housing and Urban Affairs stated in Rajya Sabha that “1.35 crore people of Delhi, those living in unauthorised colonies, will get their ownership right.”

Puri further said that

“Delhi will not only benefit from the improvement in living conditions of 1.35 crore people but the Central Vista project will also make Delhi, one of the finest cities in the world.”

-India Legal Bureau