RRTS project: SC grants a week's time to Delhi govt to transfer funds

The Supreme Court on Wednesday expressed its displeasure over the delay on the part of the Delhi government in providing funds for the Regional Rapid Transit System (RRTS) corridors and granted it a week's time to transfer the money.

The RRTS project entails semi-high-speed rail corridors connecting Delhi to Meerut in Uttar Pradesh, Alwar in Rajasthan and Panipat in Haryana.

"You will make me reactivate my earlier order," Justice Sanjay Kishan Kaul, who was heading the bench that also comprised Justice Sudhanshu Dhulia, told the Delhi government counsel.

The apex court had on November 21 pulled up the Delhi government for not providing funds for the project and said that funds allocated for advertisement purposes should be transferred to the project.

"At the request of the counsel for Delhi government, we keep this order in abeyance for a period of one week and if the funds are not transferred, the order will come into operation," the bench had said in its order passed last month.

During the hearing on Wednesday, the bench noted the counsel representing the Delhi government has said that while it has made the budgetary provision for the Delhi-Panipat and Delhi-Alwar corridors, it is awaiting the Centre's approval.

"We may note that other states have already transferred the money in 2019 and 2020 and the Attorney General, present on behalf of the (central) government, says that there is no problem so far as the formal approval is concerned," the bench observed.

"We grant seven days' time to the Delhi government to transmit the amount," it said, adding, "Needless to say that Delhi government will continue to abide by the schedule and not give an opportunity to this court to revive the order dated November 21, 2023."

The apex court was hearing an application raising the issue of non-payment of funds by the Delhi government for the project.

The counsel representing the National Capital Region Transport Corporation (NCRTC) told the bench that the other states have already paid the amount for the corridors but Delhi has not provided it yet.

The NCRTC, a joint venture between the Centre and the states concerned, is executing the project.

"You want me to take a tough stand at this stage, I have no hesitation but you cannot get away...," Justice Kaul told the Delhi government's counsel, who said the Centre has to approve the Delhi-Panipat and Delhi-Alwar corridors.

"This is a new excuse ... This is not fair," the bench observed.

Senior advocate Aparajita Singh, assisting the court as an amicus curiae in the pollution matter that also involves the issue concerning the RRTS project, said the Delhi government has given an undertaking to the apex court that it would abide by the schedule.

"They should abide by the undertaking," she said, adding that these projects are executed by taking loans and the delay will escalate the cost.

The bench told the Delhi government's counsel that when other concerned states have already paid the funds, it should also release the payment.

Hearing the matter on November 28, the apex court had made it clear that there should be complete compliance of its order directing the Delhi government to release funds for the RRTS project and it must be done according to the schedule.

It had observed that the problem was that the Delhi government could make a budgetary provision of Rs 580 crore for advertisements but it could not make a budgetary provision of Rs 400 crore, the amount it is supposed to pay for the project.

"Counsel for the Delhi government states that the amount of Rs 415 crore has been released as per sanction order dated November 24, 2023 but it may not have been credited to the account of the National Capital Region Transport Corporation Limited (NCRTC)," it had noted.

The bench had also noted that the sanction order itself stated that it was in "partial compliance".

"There can be no question of partial compliance. The complete compliance must take place as per the schedule," it had said.

The Delhi government had earlier expressed its inability to contribute funds for the RRTS project after which the apex court had directed it to place on record funds spent on advertisements in the last three years.

On July 24, the apex court had noted that the Delhi government has spent Rs 1,100 crore on advertisements in the last three financial years.

The Delhi-Meerut project is already under construction, and the Chief Minister Arvind Kejriwal-led government has agreed to pay its share of the costs.

The Delhi government had earlier refused to share the financial burden for the remaining two stretches, citing a paucity of funds.

The top court had directed the Delhi government to contribute Rs 500 crore from the Environment Compensation Charge to the RRTS corridor being constructed between Delhi and Meerut.

The estimated cost of the 82.15-km stretch is Rs 31,632 crore. The corridor, with 24 stations, will cover the stretch from Sarai Kale Khan in Delhi to Modipuram, Meerut in 60 minutes.

A 13-km stretch of the corridor will pass through Delhi with stations at Sarai Kale Khan, New Ashok Nagar and Anand Vihar.