"The competent authority of the government has not made any provision in the budget for release of funds for the purpose and in the absence of the availability of funds, therefore, in the present circumstances, it is not possible to implement the decision of the Cabinet for providing reliefs to the electricity consumers who stopped paying the bills...," Delhi government told the court through an affidavit.
It, however, gave Vivek Sharma, who had filed the petition, liberty to move the court again if the government again decides to give subsidy to the defaulters.
The petition has challenged the decision to give subsidy to the tune of Rs 6.82 crore to people who stopped paying bills from October 2012 to December 2013 on the call of Kejriwal during the protests against alleged inflated billing by discoms.
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The court had also directed petitioner advocate Vivek Sharma to amend his plea by removing former Chief Minister Kejriwal and Manish Sisodia from the list of parties.
The legal department of the government had said that such a waiver can only be given prospectively and not retrospectively as per the statute, Electricity Act, 2003.
It also stated that the planning department had said that the proposed exemption was "not appropriate" as it will be "tantamount to rewarding the defaulters at the cost of honest and regular paying consumers".