Read Time: 03 minutes
Notably, the NGT had constituted the high-level committee of authorities concerned in Delhi where pollution of Yamuna is higher (about 75 per cent) compared to other river basin states, and requested the Lieutenant Governor, Delhi, who is chairman of DDA and administrator of Delhi under Article 239 of the Constitution, to head the committee.
The Supreme Court has stayed the direction of the Nation Green Tribunal (NGT) appointing the Lieutenant Governor of Delhi as the Chairman of the High-level Committee constituted for rejuvenation of river Yamuna.
Senior Advocate AM Singhvi, appearing for the Delhi government, told court that such a power would not be given to a Governor let alone a LG.
The bench comprising of CJI DY Chandrachud with Justices PS Narasimha and Manoj Mishra went on to issue notice in the plea.
Notably, court has just stayed that portion of the NGT's order whereby the LG has been appointed as the head of the high-level committee.
Delhi Government has filed the instant appeal under Section 22 of the NGT Act, arguing that the said appointment of LG is violative of the constitution. “The executive power for matters relating to local governance lies exclusively with the State Government (GNCTD) under the Constitution, except to the extent limited by an express Parliamentary law,” the plea states.
Further reliance has been placed on State (NCT of Delhi) v. Union of India (2018) 8 SCC 501, wherein it was held that, “the elected government of the NCT of Delhi has exclusive executive powers over all subjects in the State and Concurrent List, apart from the three excepted subjects of ‘public order’, ‘police’ and ‘land’.”
It has been further contended that the LG is only a "figurehead" except for three subjects -- police, public order and land -- and thus the NGT's order should be set aside.
Case Title : GOVERNMENT OF NCT OF DELHI vs. ASHWANI YADAV
Please Login or Register
