Delhi govt not to follow LG’s direction on circle rates

New Delhi, August 13

In a direct confrontation with Lt Governor Najeeb Jung over his decision to stay the notification on enhancement of circle rates on agriculture land, the Delhi government today passed a resolution saying that they would not follow his (LGs) directions.

The decision was taken at a Cabinet meeting today chaired by Chief Minister Arvind Kejriwal at the Delhi Secretariat here.

The AAP government has directed officers not to follow the LG’s directions and they should implement its August 4 notification on new circle rates for agriculture land in the National Capital.

Jung had on August 10 stayed the Kejriwal government’s notification on enhancing circle rates for agriculture rates, saying that the government did not seek his approval and said that his office was examining the notification as per Constitution and legal provisions.

“The Council of Ministers considered the note containing the communication from the office of LG regarding revision of circle rates for agricultural land.

“The Cabinet respectfully informs the Lt Governor that it would not be possible for the government to implement his directions,” said a senior government official.

The official said that Cabinet has directed the officers to implement the notification dated August 4, 2015, so that they are not liable for any loss to the exchequer due to non-implementation of the notification.

“To the best of the knowledge of the Delhi government, the LG does not have any power to issue any direction under any law,” the government said in a statement, adding “that also the LG has no powers to direct stay of any government notification, only the judiciary has the power to do that.”   Citing the rule book, the government said “the Lt Governor is required to act on ‘aid and advice’ of Council of Ministers according to Article 239 AA of the Constitution and this advice is ‘binding’ on the LG.

“The Cabinet urges the hon’ble LG not to resort to issuance of such unlawful communications which are cause of embarrassment for holders of High Constitutional Offices,” government said in a statement.

It also stated that LG on August 10 issued directions to stay the operation of the notification. Unfortunately, while seeking to grant stay on this “pro-farmer notification”, the communication from the LG is totally “silent” as to under what rules and under what Constitutional or statutory provisions the Lt Governor is authorised to attempt issuance of such directions.

“The only rule governing the conduct of LG in such matters is the Rule 24 of the Transaction of Business Rules, 1993, which says where the Lt Governor is of the opinion that any further action should be taken or that action should be taken otherwise than in accordance with the orders passed by the Minister-in-Charge, he may require the proposal or matter to be placed before the Council of Ministers for consideration,” the official said.

In his budgetary speech in the Delhi Assembly, Deputy Chief Minister Manish Sisodia had on June 25 proposed to increase circle rate on agriculture land by up to 125 per cent.

According to the government’s decision, in New Delhi, the circle rate for agriculture land has been proposed to increase from the existing Rs 1.50 crore to Rs 3.5 crore per acre.

Similarly, circle rate was also proposed to increase from Rs 1.50 crore to Rs 3.5 crore per acre in South Delhi.

Earlier in the day, Kejriwal met the representatives of the All-India Kisan Sabha at his residence and slammed Jung for putting a stay on the notification hiking circle rates.

The AAP government also said that given all the mentioned facts, Delhi government has no other option but to strictly adhere to rules, the Constitution and relevant statutes.

“The present situation arising out of the directions of hon’ble LG has led to a lot of confusion in the minds of the public,” another senior official said. —  PTI