The apex court clarified that the stay was only to the extent of the appointment of Lieutenant Governor as chairperson of the committee.
(Representational Photo)
The Supreme Court on Tuesday stayed an order of the National Green Tribunal (NGT) appointing Lieutenant Governor Vinai Kumar Saxena as chairperson of a high-level committee on the Yamuna rejuvenation project.
Issuing notice on Kejriwal government challenge to January 9, 2023, order of the green tribunal, Chief Justice D Y Chandrachud heading a bench also comprising Justice Pamidighantam Sri Narasimha and Justice Manoj Misra said that the stay of the green tribunal’s order was only to the extent of the appointment of Lieutenant Governor as chairperson of the committee.
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The NGT by its order under challenge had appointed Lieutenant Governor as a member and Chairperson of the high-level committee on the Yamuna rejuvenation project.
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The Delhi government has contended that the Lieutenant Governor’s appointment as Chairperson of the committee on the Yamuna rejuvenation project was in “violation of the constitutional scheme of governance” and 2018 and 2023 top court constitution bench judgments.
Delhi government has further said that the executive powers conferred on the Lieutenant Governor through the NGT order “encroach upon areas exclusively under the competence of the elected government”.
The government has contended that the issue of pollution in the Yamuna river should be overseen by the elected head of government, the Chief Minister in this case.
The NGT passed the order on a petition by one Ashwani Yadav highlighting the increasing pollution in Yamuna River and failure of authorities to take remedial measures.
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