HC seeks Delhi government, LG's response on MCD funds

Delhi High Court on Monday asked the Delhi government and the Lt. Governor to file comprehensive affidavits on a PIL seeking direction for immediate release of adequate funds to municipal corporations to allow them to function smoothly.

A division bench of Chief Justice G. Rohini and Justice Jayant Nath directed the Delhi government to indicate in the affidavit the steps taken for releasing funds to the city's three municipal corporations.

The bench pulled up the Delhi government for sleeping over the implementation of recommendations of the Fourth Finance Commission.

It sought the presence of the secretary of the concerned department in the court if the government failed to file an affidavit.

The bench was not convinced by the short affidavit filed by Delhi government for not implementing till date the recommendations of the Fourth Finance Commission, set up in 2009 to decide the share of municipal corporations in Delhi's total revenue.

The finance commission had filed its report in 2013 which is yet to be implemented.

The plea filed by an NGO -- Campaign for People Participation in Development Planning -- said there must be an equitable distribution of funds between the government and civic agencies to ensure financial independence and proper functioning of municipal corporations.

It also sought direction for the Delhi government, the Lt. Governor (LG) and the Finance Commission of India to duly discharge their constitutional duty and implement and enforce the provisions of the constitution for financial independence and freedom of the municipal bodies.

"The Delhi government and the LG have deliberately failed to constitute the fifth Finance Commission of Delhi till date, after the term and tenure of the fourth commission expired last year on September 18, 2014," the plea says.

"They have already superseded the Municipal Corporation of Delhi and the Delhi Finance Commission, negating the very object and purpose of the Constitution," it adds.