The latest impasse between lieutenant-Governor Najeeb Jung and the Delhi Government over the constitutional validity of the Government’s decision to go ahead with the notification of new circle rates for agricultural land without taking Jung’s nod, took a new turn on Thursday with the Kejriwal Government terming its notification valid and as per law.
To drive home the point, the Aam Aadmi Party (AAP) Government even cited a communication by then Home Minister P Chidambaram to the Sheila Dikshit dispensation in 2011, arguing that the lieutenant-Governor (l-G) need not be consulted for taking such a decision.
Meanwhile, taking a serious note of the issue, Jung issued a statement asserting that the circle rate decided by the Delhi Government was being examined and was not final. Jung’s office maintained that it was examining the constitutional and legal aspects of the notification and a final decision would be taken “keeping in mind the Constitution, the law and set conventions.”
Interestingly, on July 21, in a bid to give more to the l-G, the Home Ministry had issued a notification empowering him to exercise powers and discharge the function of the State Government under the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act 2013 and the rules made there under within the national Capital.
This means, the Home Ministry has given Jung absolute powers in the matter related to land in Delhi which means he would have final say in the circle rate controversy.
However, in its statement, the AAP Government asserted that “it has been clearly laid down in the Constitution that except for three matters, police, public order and land, all other matters are solely within the domain of the democratically-elected Government.”
The Government said a similar issue had arisen in 2011 and the then Home Minister Chidambaram in a letter to then Chief Minister Sheila Dikshit had clearly mentioned that it was the right of the elected Government in Delhi to fix the circle rates.
“Chidambaram’s letter was based on the opinion of the then top law officer of the Central Government, late Attorney-General GE Vahanvati who had categorically opined that fixing of circle rates solely falls within the domain of the elected Government and the l-G is bound by the aid and advice of the Council of Ministers in this matter. Not only this, the Union Home and law Ministries had also expressed the same opinion at that time,” the Delhi Government said in a statement.
The statement said it was “crystal clear” that since the decision to fix circle rates was in the domain of the elected Government, therefore there was no need to seek the l-G’s approval. “The new Government, which was sworn in on February 14 this year, witnessed that the l-G was regularly raising objections on files even in matters which did not fall within his domain according to the Constitution, thereby hampering the functioning of the Government,” it said.
The AAP Government also defined the term “State Government” saying that the Government means elected Government comprising the Chief Minister and Council of Ministers and advised all Ministers not to send files to the l-G.
According to the circle rate notification for agricultural land, the rates for acquiring one acre of agriculture land will be anything between Rs 1 crore and Rs 1.50 crore in different districts. But the acquisition rate for agricultural land in villages where land pooling policy is applicable will range from Rs 2.25 crore to Rs 3.50 crore per acre.
Interestingly, top officials, including Chief Secretary, Principal Secretaries law and Finance, and Divisional Commissioner had advised the Government that the l-G’s approval was needed in the issuance of notification regarding circle rates.