l-G Jung stamps his authority on new circle rates

In a major setback to the Arvind Kejriwal Government, lieutenant Governor Najeeb Jung has directed the Revenue Department that no new circle rates for agricultural land would be applicable till the matter is cleared by him.

The l-G's office has directed that status quo be maintained.  In a communiqué to the Revenue Department, the Raj Niwas made it clear that no further action is taken in pursuance of notification on circle rates. The Arvind Kejriwal Government had recently notified the new circle rates for agricultural land without seeking prior approval of the l-G. According to sources, the l-G's office is also consulting legal and constitutional experts on the legality of the notification issued on August 4.

"Till such time final decision is conveyed, it may please be ensured that no further action is taken in pursuance of notification (F.1(953)/Regn.Br./Div.Com./HQ/2014/191 dated August 4. Should any action be taken in the interim, it could lead to legal complications for the Government as well as the prospective sellers/buyers of land. It is therefore, the responsibility of the administrative department to ensure full compliance of the direction," the communiqué said. 

"It is to bring to your notice that the entire matter is currently under examination on the legal and constitutional aspects and a view will soon be taken by lieutenant Governor," it said.

Following the directions of the l-G's office, the Revenue Department has directed all the 33 the Sub-Registrars office  not to entertain any matter pertaining to the new circle rates for agricultural land till the matter is fully settled. 

Currently, the circle rate for agricultural land is `53 lakh per acre.  As per the AAP notification,  the circle rates for each acre of agriculture land will be anything between `1 crore and `1.50 crore in different districts. The circle rates for agricultural land in villages where land pooling policy is applicable will range from `2.25 crore to `3.50 crore per acre.

The Arvind Kejriwal Government and Raj Niwas  had  headed for a major confrontation with the l-G's office making it clear that the Kejriwal Government had not sought Raj Niwas's  approval before issuing the notification on circle rates. The Kejriwal Government had  reportedly not taken into consideration even the suggestions of its chief secretary KK Sharma and secretaries of law and revenue departments on this matter. The top officials had made it amply clear that the lieutenant Governor's approval was mandatory for notification of the new circle rates.

Taking strong exception to the State Government's act, the l-G had called for all the files related to the notification of the circle rates. A statement issued by Raj Niwas had said that the matter was not placed before the lieutenant Governor prior to the issue of notification. "The l-G's office has therefore called the relevant files for examining the legal and constitutional aspects of the notification," the statement added.

While experts were of the view that the l-G could either declare the new notification null and void and may direct the Government to adopt the convention or procedures,  Delhi law Minister Kapil Mishra had gone a step further by issuing a circular directing all the Ministers that there was no need to send files to Raj Niwas. This was perhaps the first occasion when the l-G had been bypassed by the Delhi Government on the matter pertaining  to land. 

The Kejriwal Government has cited a letter of then Union Home Minister P Chidambaram pertaining to circle rate in 2010 in which he had advised that the council of Ministers with the Chief Minister as the head is required to aid and advice the l-G. Despite Home Ministry's opinion, then Sheila Dikshit Government had sent the files prior issuance of circle rate for l-G's approval.