RRTS project: Want complete compliance of order, SC to Delhi govt

The Supreme Court on Tuesday made it clear that there can be no partial compliance of its order directing the Delhi government to release funds for the Regional Rapid Transit System (RRTS) project and complete compliance of its directions must take place according to the schedule.

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

The apex court observed the problem was that the Delhi government can make a budgetary provision of Rs 580 crore for advertisements but it cannot make a budgetary provision of Rs 400 crore which it is supposed to pay for the project.

"You have to be arm twisted for the money which you are liable to pay. That is the problem. Why are you doing this?

"The issue is why you have not made budgetary provision. You can make budgetary provision for Rs 580 crore odd for advertisements. But you can't make budgetary provision of Rs 400 odd crore which you are supposed to pay," a bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia said.

During the hearing, the bench was informed that the Delhi government has partially complied with its order and an amount of Rs 415 crore has been released as per sanction order of November 24, 2023 but it may not have been credited to the account of the National Capital Region Transport Corporation (NCRTC).

"However, the sanction order itself stated that it is in 'partial compliance'. There can be no question of partial compliance. The complete compliance must take place as per the schedule. List on December 7," the bench said.

While hearing the matter on July 24, the apex court had berated the Delhi government for "throwing its hands up" over contributing its share towards the RRTS corridor, and directed it to provide Rs 415 crore for the project within two months.

On Tuesday, while hearing an application raising the issue of non-payment of funds by the Delhi government for the project, the bench observed the problem was that the Delhi government wanted all money to be drawn out of environment funds only.

"We will not look at it again and again. You don't want to make budgetary provision that is the problem. What you have to pay, you have to pay. That's all we know," it said.

Senior advocate ANS Nadkarni, representing NCRTC, said the Delhi government in its sanction order itself says that the money is being released in partial compliance of the court's order.

He said only Rs 415 crore has been sanctioned and Rs 150 crore for Delhi-Panipat project has not been sanctioned.

"Your lordships had said that if the funds are not transferred, the order will come into operation. Today, the funds have not been transferred," he argued.

On November 21, the apex court had said it was constrained to direct that funds allocated for advertisement purposes will be transferred to the project in question.

At the request of the counsel for Delhi government, the bench had kept the order in abeyance for one week and said if the funds were not transferred, the order would come into operation.

During the hearing on Tuesday, the bench asked the Delhi government to show compliance of its order.

Regarding Rs 150 crore, the Delhi government counsel said the sanction order will be released by the Central government.

To this, the bench said, "You are mixing funding of different projects."

Nadkarni said the Delhi government had said it will make the payment in two months, however, more than four months have elapsed and nothing has come.

The bench said, "Don't say nothing. Rs 415 crore has come."

The amicus curiae appointed in the case to assist the court said the court had sanctioned the schedule for payments and whenever the time of installment arises, there is a flickering between the Delhi government and the rest of the participants.

"The problem is that there is already a schedule on which the court has passed an order. They don't need to be reminded of the order by way of an application every time. The problem is that they are not adhering to the schedule," the amicus said.

Last week, the apex court had pulled up the Delhi government for not providing funds for the RRTS corridor and had said if the dues were not paid within a week the funds allocated by the AAP government for advertisements will be transferred to the project.

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 Delhi government has spent Rs 1,100 crore on advertisements in the last three financial years.

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

The Delhi-Meerut project is already under construction, and the Arvind Kejriwal 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 earlier directed the Delhi government to contribute Rs 500 crore from the Environment Compensation Charge (ECC) 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 distance from Sarai Kale Khan in Delhi to Modipuram, Meerut in 60 minutes.

Of the 82.15 km-long corridor, Delhi will have around 13 km with stations at Sarai Kale Khan, New Ashok Nagar and Anand Vihar.