Date:16/07/2002 URL: http://www.thehindu.com/2002/07/16/stories/2002071606570400.htm

Other States - New Delhi

L-G, Govt tug of war over DERC continues

By Our Staff Reporter

NEW DELHI JULY 15. Amid growing confrontation between Raj Nivas and the Congress Government on various matters pertaining to jurisdiction and conduct of business rules, the Chief Minister, Sheila Dikshit, today declared that the Cabinet would again send back the notification regarding expansion of Delhi Electricity Regulatory Commission (DERC) to the Lieutenant-Governor, Vijai Kapoor, who has already rejected it once.

Talking to newspersons here, Ms.Dikshit said the expansion of the DERC was a necessity in view of the changed scenario on the power sector and there should be no delay in expanding the present set-up. She said the decision had been taken by the Delhi Cabinet and had been discussed before a notification was issued and sent to the Lieutenant-Governor for his approval.

However, the Lieutenant-Governor has rejected the expansion proposal and sent back the file to the Delhi Government. However, the Cabinet has decided to send the notification for approval once again and the Lieutenant-Governor was bound to accept it and he has to act under the aid and advice of the Council of Ministers. Asked if the Congress Government and Raj Nivas were heading for a direct confrontation, the Chief Minister said she had no intention of indulging in such a situation and hoped that matters would not drift any further.

In reply to another question, Ms.Dikshit said she hoped that a situation would not arise when the file would have to be sent to the President of India for settlement of the dispute as provided in the NCT of Delhi Act. "We are watching the situation and how it develops,'' she remarked. Recalling earlier instances, Ms. Dikshit said the file pertaining to the constitution of an expert committee on the issue of 20-point programme, question of amendment of section 81 of vested Gram Sabha land and other related issues had been sent to Raj Nivas for approval in February this year. Unfortunately, the file is still pending and has not been cleared.

Asked if there was a deliberate move to stall the developmental works of the Congress Government, the Chief Minister said: "I hope there is not any motive attached to it. Everybody is suppose to work according to rules and regulations and this cannot be denied. The officials do not have to send certain files to Raj Nivas for approval. If they are doing so then it is not correct and such a situation should be avoided,'' she added.

In fact, the relations between the Sheila Dikshit Government and Raj Nivas have deteriorated during the past few weeks and the situation took a turn for the worse when the Congress Legislature Party meeting had demanded withdrawal of a case against its MLA, Jaspal Singh, in a power theft case.

The Lieutenant-Governor had recommended strong action in this regard which was resented by the CLP.

Similarly, the missive by the outgoing Principal Secretary (Finance), Ramesh Chandra, termed as a calculated move, asking Ministers to assert themselves and defining the role of the Lieutenant-Governor also soured the relations.

It is felt that if the present row is not settled amicably and the Lieutenant-Governor once again goes against the advice of the Council of Ministers then ae situation could emerge where a Constitutional crisis would stare in the face of both the elected head and the Constitutional head.