New Delhi: The Supreme Court on Friday issued a notice to the Delhi Jal Board (DJB) on a plea by the Delhi government seeking the release of funds meant for the DJB, which supplies potable water to the national capital.
A three-judge bench led by Chief Justice D Y Chandrachud and comprising Justices JB Pardiwala and Manoj Misra asked the Delhi government’s Principal Secretary (Finance) to release the funds, which the DJB is liable to receive, in the meantime.
The apex court was hearing a plea filed by the Delhi government seeking the release of the funds approved by the Delhi Assembly for the DJB. Senior advocate Mahesh Jethmalani, representing Delhi's Principal Secretary (Finance), submitted that it is a case where the minister is filing a case against its own secretary. Jethmalani stressed that there is a motive behind filing this writ petition.
Senior advocate Abhishek Manu Singhvi and advocate Shadan Farasat, represented the Delhi government before the apex court. During the hearing, Singhvi submitted that this FY 2023–24, Rs. 982 crores already incurred, payable, bill done, work done and added that there are six times the minister has written.
The bench asked Jethmalani to take instructions, and whatever is payable, pay it out of your last year's funds. He replied that the preliminary issue here is, it is the DJB, which actually makes the request and they have not even made it a party.
"This is a minister saying that this has happened. We have replied to all the demands of the minister….the board is not a party here. It is the board that makes this requisition," said Jethmalani.
He added that in the High Court, the DJB has filed an application affidavit and there the matter is pending roughly on the same issues and we have given them whatever they wanted.
Jethmalani said the requisition of a loan or a grant in aid comes from the DJB and it is not the minister who has any right in this, and added, "This is a case where the Minister is filing a case against its own secretary."
After hearing submissions, the apex court said it will issue notice to the DJB and it will find out from them what is due and outstanding.
The apex court, in its order, said, “We direct the engagement of the Delhi Jal Board as a party to these proceedings. Notice shall be issued to the Delhi Jal Board, returnable on next Wednesday (April 10)”.
The bench added, "In the meantime, whatever is liable to be paid, make sure it's paid. Ask them to verify and pay it over." Jethmalani assured the bench that if there is anything they are liable to be paid, "we'll certainly pay."
On April 1, the Supreme Court sought a response from Delhi's Principal Secretary (Finance) on a plea filed by the Delhi government claiming that the official was not releasing funds meant for the DJB. The Delhi Lieutenant Governor, who has been made a respondent in the matter, told the apex court that he has nothing to do with the release of funds for the DJB and the funds are to be released by the Finance Department, which is under the Delhi government.
Senior advocate Mukul Rohatgi, representing the Delhi Lieutenant Governor, had submitted before the court that his client has nothing to do with the allocation of funds to the DJB, which is a statutory body.
Rohatgi, insisting on the deletion of LG from the list of respondents in the matter, vehemently argued that the funds are to be released by the Finance Department, which is under the Delhi government. He contended that the real respondent in the matter is Delhi government minister's own secretary and "I don't know what kind of petition is this", and further added that the financial year 2023-24, has also come to an end.
On March 20, the Delhi government requested the Supreme Court to grant an urgent hearing on its petition seeking the release of Rs 3,000 crore funds meant for the Delhi Jal Board (DJB).
