Supreme Court allows Rekha Gupta-led Delhi govt to withdraw all 7 cases filed by erstwhile AAP govt against LG

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The Supreme Court on Friday allowed the BJP-led government in Delhi to withdraw all the seven petitions filed by the erstwhile AAP government against the Lieutenant Governor of the National Capital Territory.

The AAP-led Delhi government had earlier filed as many as seven cases against the Centre and the Lieutenant Governor (LG) over issues including the control over services in the national capital.

On Thursday, a bench of Justices Surya Kant and N Kotiswar Singh directed to list the application filed by the BJP-led Delhi government for Maty 23.

The seven cases filed by the AAP government challenged the LG’s authority on various boards, including solid waste management, Yamuna cleaning and against the validity of Acts and ordinances.

“These matters should not trouble this court anymore,” Additional Solicitor General Aishwarya Bhati said on behalf of the Delhi government.

Cases against Delhi LG

In July 2023, the top court sought a reply from the Centre over the then AAP-led government’s plea challenging the Government of National Capital Territory of Delhi (GNCTD) (Amendment) Act, 2023.

The Act, which was initially an ordinance, created an authority for transfer and posting of Group-A officers in Delhi. It had come a week after the SC handed over the control of services in Delhi excluding police, public order and land to the elected government.

Another case that was sought to be withdrawn is against a decision of the National Green Tribunal (NGT), which was stayed in July 2023 by the top court.

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

Among other cases that were sought to be withdrawn is the challenge to the alleged non-release of sanctioned funds for the Delhi Jal Board for the financial year 2023-2025 by the Finance Department of GNCTD,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 has 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.


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