New Delhi: The Supreme Court Tuesday made it clear to the Delhi government that it needs to fully comply with its assurance on allocating funds for the Regional Rapid Transit System (RRTS) project. RRTS is a semi-high-speed rail corridor linking Meerut in Uttar Pradesh, Alwar in Rajasthan, and Haryana's Panipat.
A bench comprising justices Sanjay Kishan Kaul and Sudhanshu Dhulia was informed that the Delhi government has only disbursed a portion of the amount and has not complied with the full transfer of funds for the project as per the court's direction. Senior advocate ANS Nadkarni argued that the funds have not been transferred and the order pronounced by the court on the previous hearing will come into operation.
The bench asked the Delhi government counsel if they had transferred the funds. The bench pointed out that it had kept its order in abeyance for a week after the government gave an assurance to the court. Justice Kaul asked the government’s counsel to bring on record documents establishing funds transfer for the project.
The government counsel submitted Rs 415 crore have been transferred even as one of the counsels said the government was not adhering to the schedule agreed upon for the transfer of funds for the project.
After hearing the submissions, the bench noted that the Delhi government stated that Rs 415 crore has been transferred but it may have not been credited to the account of National Capital Region Transport Corporation, however, the sanction order states that it is in partial compliance. “There can be no question of partial compliance. Complete compliance must take place…”, said the bench, listing the matter for further hearing next week.
Concluding the hearing, the bench told the Delhi government counsel, "Problem is you have to be arm-twisted to pay the money you are obligated to. We will not say it again and again. Pay what you have to….”
On November 21, the Supreme Court pulled up Delhi's AAP government for the "breach" of undertaking given to it to provide funds for the Regional Rapid Transit System (RRTS) project and directed that the state government's funds meant for advertisement be transferred for the project. However, the apex court put its order in abeyance for a week saying that the order would come into force if the Delhi government did not provide the required funds for the project.
The apex court had said it would list the matter after a week to see what the Delhi government has done and scheduled the matter for further hearing on November 28. “Despite assurances, this is only if states will listen then we have to adopt this only way of doing it…you did not even come to seek an extension. You did not even move an application saying I cannot do it in two months, I will do it in three months. No such application, cannot be taken for granted (this court)….”, said Justice Kaul.
On July 24, after a nudge from the Supreme Court, the Delhi government agreed to provide funds for RRTS projects for the Delhi-Alwar and Delhi-Panipat corridors and said it would release the first instalment of Rs 415 crore within two months. The state government also informed the top court that it has spent Rs 1073.16 crore on advertisements in the last three financial years.
During the hearing, the top court had told counsel, representing the Delhi government, “We were constrained to pass the last order only on account of the NCT government throwing its hands (up) to contribute to the project”. Delhi government counsel had made submissions regarding the budgetary allocation made towards advertisements in the last three years.
The apex court had said if Rs 1,100 crore budget can be spent on advertising in the last three financial years, then the state government can certainly contribute towards infrastructure projects. The bench had said, “Your one-year advertising budget is more than what you are giving for the project…..”. The state government counsel had submitted before the court that payment would be made towards the project and urged the court to permit his client to contribute in instalments spread over a reasonable period of time. The National Capital Region Transport Corporation (NCRTC) is executing the project, which is a joint venture between the Centre and the state governments concerned.
In an affidavit, the Delhi government said the funds utilised for advertisement by Directorate of Information and Publicity (DIP), GNCTD from the DIP budget and other departments/ autonomous bodies/ organization etc is Rs 1073.16 crore. The state government submitted the three-year break before the court – in 2021-21, By DIP from DIP budget 293.2 crore, other department/organization/ autonomous bodies etc. of GNCTD beyond DIP budget 3.69 crore; for 2021-22, it is 579.91 crore; and, 2022-23, it 196.36 crore.
The state government said: “This Hon'ble Court may kindly appreciate that the expenditure as above is a necessary component of good governance and effective administration. The funds allocated for publicity purposes are aimed at maximizing the reach and impact of government policies, ultimately benefiting the public at large……”
Also read:
- ‘Can’t be taken for granted…’': SC pulls up Delhi govt for not abiding by assurances on RRTS project funding
- After SC rap, Delhi govt agrees to release funds for RRTS projects, says it spent over Rs 1,000 crore on advertisements
- 'We see all funds for ads...', SC seek Delhi govt affidavit on funds utilized for advertisements in last three years
