Delhi High Court Issues Notice in Plea Seeking Directions to Delhi Jal Board to Maintain Proper Accounts

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The Delhi High Court today issued notice in a plea seeking directions to the Delhi Jal Board to maintain proper accounts and other relevant records and prepare an annual statement of accounts including the Profit and Loss account and the balance sheet , as prescribed under Section 70 of Delhi Water Board Act, 1998.

The division bench comprising Chief Justice DN Patel and Justice Jyoti Singh issued notice to Delhi Government, Delhi Jal Board (DJB) and the Comptroller and Auditor General (CAG) on a plea filed by BJP leader Harish Khurana.

The petition filed through Adv. Samridhi Arora also seeks a direction to the CAG to audit the accounts of the Board.

The petitioner has submitted that on May 11, a Right to Information (RTI) application was filed by one Mr. Parth Kumar seeking information about the cumulative profit or loss for 2015 onwards of the Board, information on loans taken by the board from 2015 - till date; and the source of such loans.

In response to the RTI application, a reply dated Jun 14 stated that the Balance Sheet from 2015-16 and onward is under preparation.

Adv Sanjay Ghose appearing  for Delhi Jal Board opposing the petition submitted “This petition is filed by a person with political affiliation. There is no representation made to Delhi Jal Board and audit is going on.”

The petitioner has argued that “as per the Section 70 of the Delhi Water Board Act, 1998, it is mandatory to maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balance sheet in Performa as may be prescribe by the Government in consultation with the Comptroller and Auditor General (CAG) of India, the same shall be audited annually by the Comptroller and auditor general of India (CAG).”

Moreover it has been stated that in response to the RTIs dated May 11, May  24 and Jul 22 “it has been clearly stated that a copy of the Balance Sheet for the year 2015-16 and onward is under preparation.”

The petitioner states that “since Respondents , have failed to perform the functions laid down under the Delhi Water Board Act, Constitution of India and Comptroller and Auditor General Act, 1971, the aggrieved petitioner has approached the High Court. 

Having heard the parties, the Court has listed the matter for next hearing on Oct 4.

Case Title: Harish Khurana vs GNCT of Delhi and Ors

Edited by Shreya Agarwal