NEW DELHI: In a direct confrontation with Lt Governor Najeeb Jung over his decision to stay the notification on enhancement of circle rates on agriculture land, Delhi government today passed a resolution saying that they would not follow his (LGs) directions.
The decision was taken in a cabinet meeting today chaired by Chief Minister Arvind Kejriwal at Delhi Secretariat here.
The AAP government has directed officers not to follow the LG's directions and they should implement its August 4 notification on new circle rates for agriculture land in the national capital.
Jung had on August 10 stayed the Kejriwal government's notification on enhancing circle rates for agriculture rates, saying that the government did not seek his approval and said that his office was examining the notification as per Constitution and legal provisions.
"The council of ministers considered the note containing the communication from the office of LG regarding revision of circle rates for agricultural land.
"The cabinet respectfully informs the Lt Governor that it would not be possible for the government to implement his directions," said a senior government official.
The official said that cabinet has directed the officers to implement the notification dated August 4, 2015, so that they are not liable for any loss to the exchequer due to non-implementation of the notification.
"To the best of the knowledge of the Delhi government, the LG does not have any power to issue any direction under any law," the government said in a statement, adding "that also the LG has no powers to direct stay of any government notification, only the judiciary has the power to do that."
Citing the rule book, the government said "the Lt Governor is required to act on 'aid and advice' of council of ministers according to Article 239 AA of the Constitution and this advice is 'binding' on the LG.
"The cabinet urges the hon’ble LG not to resort to issuance of such unlawful communications which are cause of embarrassment for holders of High Constitutional Offices," government said in a statement.
It also stated that LG on August 10 issued directions to stay the operation of the notification. Unfortunately, while seeking to grant stay on this "pro-farmer notification", the communication from the LG is totally "silent" as to under what rules and under what Constitutional or statutory provisions the Lt Governor is authorised to attempt issuance of such directions.