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Delhi’s Kejriwal government on Wednesday filed a petition in the Supreme Court challenging the decision of the National Green Tribunal (NGT) to appoint Lieutenant Governor Vinay Kumar Saxena as the chairman of the high-level committee on Yamuna. Requesting to cancel the order, said that this order violates the constitutional system of governance in Delhi as well as the orders of 2018 and 2023 of the Constitution Bench of the Supreme Court. Through its order dated 9 January 2023, the NGT constituted this committee consisting of various authorities in Delhi to address the issue of Yamuna river pollution, with LG as its chairman. The Delhi government says that this was done when the LG is merely the ceremonial head of Delhi.
What is said in the petition?
The petition to the Kejriwal government states that the Delhi government accepts the need for inter-departmental coordination to abate Yamuna’s pollution and implement remedial measures, but questions the executive powers given to the LG through the NGT order. raises objections. The powers given to LG specifically encroach upon the jurisdiction of the elected government of Delhi.
Along with this, it has been said that the elected government is committed to making Yamuna a clean river by making it pollution free and allocating necessary funds for it. While the present scheme mentioned in the NGT order constitutes a committee headed by an unelected person bypassing the elected and accountable government of Delhi. However, an inter-agency committee is needed for its coordination. Therefore it should be looked after by the elected head of the government i.e. the Chief Minister. Lastly, the Delhi government has demanded the Supreme Court to quash the final order passed by the Principal Bench of the National Green Tribunal on May 9, 2023, in the original application number 21 of 2023.
