 "Can legal recourse solve the current tussle between the Delhi govt and civic bodies?")
The municipal authorities come under the jurisdiction of the Lt-Governor of (L-G) Delhi and thereby under the Union home ministry. With the Centre not willing to come to the aid of the corporations and the Delhi government refusing to bail them out, it appears only courts could find a solution to the issue.
According to the mayors, the plight of the civic bodies started with the trifurcation of MCD. North Delhi Municipal Corporation Mayor Yogender Chandolia told Business Standard that then chief minister Sheila Dikshit divided MCD as a “political gamble to grab control of the corporations”.
Chandolia lists out how right from 2012, the Delhi government has been denying them their rightful share in revenues, as recommended by the Delhi Finance Commission. “All we asked Chief Minister Arvind Kejriwal was to release the Rs 302 crore that is our right for the year 2014-15. He straightaway refused.” It is believed that the commission had recommended a hike from 5.5 per cent to 12 per cent in the share of tax to the corporations.
Manish Sisodia, deputy chief minister, has accused the corporations of “inefficiency and corruption” and threatened to approach the L-G for taking over the administrative control of the East Delhi corporation. With both sides firming up their positions, the crisis continues to fester. East Delhi safai karmcharis had gone on a strike over non-payment of salaries and only got back to work after their February salaries were cleared.
The BJP has alleged the trifurcation was done without proper distribution of resources among the corporations. As a result, while the south body had plush colonies yielding high property tax, making it cash-surplus, the other two corporations are abounding with unauthorised colonies.
MCD standing counsel in the Delhi High Court, Sanjeev Sabharwal, said, “The intervention of the courts either through a public interest litigation or even taking it up suo motu would be the ideal way.” He recalled how the courts had stepped in to oversee the sealing drive in Delhi, when the issue of unauthorised constructions was taken up. These were demolished by the municipal corporation under the orders of the courts. He said the court could summon all the parties and find an amicable solution in public interest.
“On the other hand, if the three civic bodies were in favour of reunification, then a resolution can be passed to amend the MCD Act. It would have to be moved through the Delhi government, which in turn would move it through the Centre,” said Sabharwal.
However the possibility of re-unification is unlikely as South civic body is better off than the bankrupt east and north corporations.
Alternatively, if revenue generation was to be addressed then the three authorities could jointly pool in their revenues, said Sabharwal.
The situation has become more acute with different political parties controlling the local body and the state government; and an amicable settlement is a tall task.
Meenakshi, Mayor of EDMC reflects the current mood when she says, "The AAP led government is doing the mistake of thinking that the corporations are nothing but departments which they cam dismiss at will; these are elected bodies which have been voted to power by the citizens of the city. This is nothing but muscle flexing by the government."