The HC also directed the counsel for Delhi government to seek instructions and file an affidavit indicating the actual position regarding the proposal of Kejriwal government
The Delhi High Court on Wednesday directed the city government not to implement the 50% subsidy announced by it to people who did not pay their power bills from October 2012 to December 2013.
In an oral order, a bench of justices BD Ahmed and Siddharth Mridul, said, "Don't take any further steps on it". The matter is now listed on 21st February for further hearing.
The Court, meanwhile, directed the standing counsel for the Delhi government to seek instructions and file an affidavit indicating the actual position regarding the proposal of then Aam Admi Party (AAP) government.
The court passed the order as there was "no clarity" on whether the Delhi cabinet had taken a decision to implement the subsidy as claimed by the petitioner Vivek Sharma.
The Court was hearing a public interest litigation (PIL) challenging subsidy given by the Arvind Kejriwal-led AAP government to people who did not pay their power bills from October 2012 to December 2013.
The bench, after going through the government file, observed that a note by ex-CM Kejriwal had said the subsidy proposal needed to be placed before the cabinet.
However, the court also noted that while it appears that no decision had been taken, "there is no clarity on that".
"Get proper instructions and file an affidavit, if necessary, indicating the position," the bench told the Delhi government standing counsel.
During the proceedings, Sharma contended that the proposal appears to have been implemented as according to the media reports, AAP leader Manish Sisodia had openly said so.
Sharma also said that as per media reports, the Lt Governor has directed all government departments to implement the major orders of the former AAP government.
"That is not the point. (As per the file) absolutely no decision has been taken. There is no cabinet decision on paper," the bench told the petitioner.
The PIL has been filed against former Delhi government's announcement of 50% waiver on electricity bills of people who defaulted in payment, saying it will "spread chaos and anarchy by rewarding defaulters instead of penalising them."
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