SC allows BJP govt to withdraw cases against Centre, LG in AAP regime

New Delhi: The Supreme Court on Friday allowed the Delhi government to withdraw seven cases filed by the erstwhile AAP government against the Centre and Lieutenant Governor over issues including the control over services in the capital.

A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih took note of the submissions of Additional Solicitor General Aishwarya Bhati, appearing for the BJP-led government, and allowed the plea.

After a lawyer raised the issue of non-payment of dues to advocates representing the previous government, Bhati assured the bench that it would be taken care of.

On May 22, the seven bitterly-contested cases filed by the erstwhile AAP-led Delhi government against the Centre and the LG were sought to be withdrawn from a bench of Justices Surya Kant and N Kotiswar Singh.

Bhati referred to the plea saying the seven cases pending in the top court challenged the authority of LG in several committees, including solid waste management, Yamuna River cleaning and against the validity of Acts and ordinances.

"These matters should not trouble this court anymore," she said.

The previous AAP-led Delhi government was involved in a bitterly fought legal battle in the top court over the powers including control over services in the national capital.

The top court in July, 2023 sought a response from the Centre on the then AAP government's plea challenging the Government of National Capital Territory of Delhi (GNCTD) (Amendment) Act, 2023 which created an authority for transfer and posting of Group-A officers in Delhi.

The Act, initially an ordinance, came a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government.

It envisages to set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

Another such case was against a decision of the NGT, which was stayed in July 2023 by the top court.

The NGT order of January 19, 2023 asked LG to head a high-level committee constituted to deal with issues concerning Yamuna rejuvenation.

The NGT constituted the high-level committee of authorities concerned in Delhi, where pollution of Yamuna was higher (about 75 per cent) when compared to the other river basin states.

Other cases included a challenge to the alleged non-release of sanctioned funds for the Delhi Jal Board for the financial year 2023-2025 by the Finance Department of GNCTD; re-declaration that the LG of Delhi is bound by the aid and advice of the council of ministers of the GNCTD and directions for appointment of the chairperson of Delhi Electricity Regulatory Commission (DERC).

The Delhi government also sought to withdraw the challenge to orders issued by the Ministry of Home Affairs (MHA) and the LG with respect to release of payments to advocates appointed by the ministers without the concurrence of the LG of Delhi and the appointment of advocates on record (AoRs) and advocates in the Supreme Court and the Delhi High Court.