The Hindu : New Delhi News : Sheila's `Ordinance' generates a new controversy

Online edition of India's National Newspaper
Friday, Feb 10, 2006

New Delhi

New Delhi

Sheila's `Ordinance' generates a new controversy

Sujay Mehdudia

L-G, Cabinet not taken into confidence

NEW DELHI: Chief Minister Sheila Dikshit's decision to directly send the draft of an Ordinance to put an end to demolitions in the Capital along with her official letter to Union Urban Development Minister Jaipal Reddy has come under scrutiny. Not only was the Delhi Cabinet bypassed in the process, the Lieutenant-Governor also was not taken into confidence on the issue.

According to highly placed sources, Ms. Dikshit's action has led to emergence of a legal point and experts are of the view that the Chief Minister was driven more by political motives than administrative demands in directly sending the draft Ordinance to the Union Government.

Sources informed that the Law Department of the Delhi Government had been asked to prepare a draft Ordinance in view of the rising political temperature and pressure on the issue of demolitions.

The Department was asked to prepare legislation on the lines of Ulhasnagar legislation in Maharashtra so that all illegal constructions and unauthorised buildings were regularised up to January 31, 2006.

`Changed track'

Sources said that Ms. Dikshit, after her return from Switzerland, had taken up the matter of ongoing demolitions during two informal Cabinet meetings with her Ministerial colleagues. Ms.Dikshit, who had till then been talking of bringing down illegal structures even if it included that of political leaders, suddenly changed her tone after she got a notice from the MCD for illegal construction at her Nizamuddin East residence. Ms. Dikshit discussed with the Ministers the formalities for bringing out an amnesty scheme and also informed that she had asked the Law Department to prepare an Ordinance that would be discussed later. However, the Chief Minister sent a letter to Mr. Reddy on January 3 along with the draft of the Ordinance leaving her Cabinet colleagues surprised.

"We came to know about the Ordinance only through newspaper reports. It was never discussed in the Cabinet and sent directly to the Union Government putting a question mark over the legality of the whole process," said a senior Minister.

`No sanction to draft'

Not only was the Cabinet bypassed in the whole process, Lieutenant-Governor B.L. Joshi was also not taken into confidence. "Legally the draft Ordinance would not stand the test as it did not have the sanction of the Cabinet or the approval of the Lieutenant-Governor. It is unfortunate that Ms. Dikshit decided to take such a course despite knowing the implications of the matter," said a senior official.

`Shifting focus'

Interestingly, even the Centre also did not take kindly to the Ordinance sent by Ms. Dikshit as it was seen as an attempt to put the entire focus and onus on the Union Government. "The Chief Minister did not consult the Union Government or the Ministers concerned on this issue and sent the Ordinance without completing the legal formalities. The Centre has viewed this as an effort by the Delhi Government to corner the Central Government and wash its hands off the whole controversy," another Central official stated. This is said to be one of the reasons why the Union Government shot down the demand for an Ordinance and decided to set up a high-power committee on the issue instead.

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