HC seeks Delhi govt's reply on who should perform civic duties

The Delhi High Court today sought response of the city government, three municipal corporations of Delhi, DDA, and other civic bodies on a PIL seeking to do away with multiplicity of agencies to perform civic functions, including regulation of land use and public health.
A bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva issued notice to Delhi government, the three MCDs, Delhi Development Authority (DDA) and other authorities like DJB, Fire Services, PWD and DUSIB, seeking their replies on the PIL by August 19.
The petition, filed by law students Ebbani Aggarwal and Gaurav Deep, has accused most of the agencies, especially DDA, of having encroached upon functions and duties of municipal corporations and has sought directions restraining other bodies from interfering with the responsibilities of MCDs.

The PIL contended that even the Supreme Court had in 2004 laid down that MCDs have to perform the functions, including regulation of land use, public health, sanitation, conservancy and solid waste management, enumerated in the 12th Schedule of the Constitution.
It has alleged that this direction of the apex court was being ignored leading to multiplicity of agencies which has resulted in "non-performance of those functions (in 12th Schedule of Constitution) which causes gross inconvenience to the general public at large".
The petition sought directions to the three MCDs to "discharge all the functions enumerated in the 12th Schedule of Constitution of India efficiently and effectively".

It has alleged that "Delhi Development Authority, in particular, encroaches upon the power and duty of the municipal corporations to discharge the functions" and claimed that this has led to multiplicity of agencies.
"That the problem of multiplicity of agencies is the root cause of maximum of problems faced all over Delhi with respect to maintenance of civic conditions, for example, unauthorised construction and land use, setting up of unauthorised colonies, lack of solid waste management, etc.," the PIL said.
"That further, there was lack of sense of accountability amongst the various authorities and instead of performing the functions enumerated under the 12th Schedule of the Constitution of India they keep on blaming each other for the non-performance," it said.