Delhi High Court refuses to stay AAP government’s notification on circle rate


Delhi High Court on Thursday refused to grant stay in another PIL challenging the state government’s decision to revise circle rate on 4 August.

A division bench of Chief Justice G Rohini and Justice Jayant Nath refused to pass an interim order to stay the notification, saying it would hear the Delhi government’s stand before passing any order.

The court directed the Arvind Kejriwal led Delhi government to file an affidavit within two weeks on the issue raised in the petition.

It said, “If you (Delhi government) say that under the Transaction of Business Rules, LG’s signature is not necessary while issuing any notification in his name, then you put the same on an affidavit.”

Congress’ OP Naresh had filed a PIL in the HC seeking to nullify the August 4 revision of circle rate by AAP led government. Naresh had claimed that the decision was not made in agreement with Lt Governor Jung and was, therefore, illegal.

He also claimed that the fixing different circle rate across the city was illogical and went against the interests of farmers. “Lt Governor is the government”, Naresh said, asking for an urgent hearing.

AAP has maintained that this fell under “Transaction of Business Rules” and the LG had to act as per the advice of elected government. The Arvind Kejriwal government also blamed the practice of previous governments’ regular routing of files through the LG’s office for delayed decision-making.

A similar plea was dismissed by the court last week. While dismissing the earlier plea, the High Court had said that “no case is made out” as the notification was issued in the name of the LG.

The plea filed on August 11 by a property dealer had sought quashing of the notification which has run into trouble after LG Najeeb Jung directed the Arvind Kejriwal government on August 10 to maintain status quo till the issue was examined legally.

AAP government says that under the revision of circle rate, the farmers now stand to gain from Rs 1 crore to Rs 3.5 crore per acre of land in contrast with the previous rate of Rs 53 lakhs per acre.