SC allows Delhi govt to withdraw cases filed against Centre, LG by AAP govt on control over services, other issues

The Supreme Court on Friday allowed the Rekha Gupta-led Delhi government to withdraw cases filed against the Centre and the Lieutenant Governor (LG) over issues including the control over services by the AAP government.

The top court had in July, 2023 sought a response from the Centre on the then AAP government's plea challenging the Government of National Capital Territory of Delhi (GNCTD) (Amendment) Act, 2023 which created an authority for transfer and posting of Group-A officers in Delhi.

The Act, initially an ordinance, had come a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government.


It seeks to set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

Another case that is sought to be withdrawn is against a decision of the National Green Tribunal (NGT), which was stayed in July 2023 by the top court.

The NGT order of January 19, 2023 asked the LG to head a high-level committee constituted to deal with issues concerning the rejuvenation of the Yamuna River.

The NGT constituted the high-level committee of authorities concerned in Delhi, where pollution of Yamuna was higher (about 75 per cent) when compared to the other river basin states.

Among other cases that are sought to be withdrawn is the challenge to the alleged non-release of sanctioned funds for the Delhi Jal Board for the financial year 2023-2025 by the Finance Department of GNCTD, re-declaration that the LG of Delhi is bound by the aid and advice of the council of ministers of the GNCTD and directions for appointment of the chairperson of Delhi Electricity Regulatory Commission (DERC).

The Delhi government has also sought to withdraw the challenge to orders issued by the Ministry of Home Affairs (MHA) and the LG with respect to release of payments to advocates appointed by the ministers without the concurrence of the LG of Delhi and the appointment of advocates on record (AoRs) and advocates in the Supreme Court and the Delhi High Court.