You have to be arm-twisted to pay money that you are obligated to: SC to Delhi Govt

SC quashes proceedings against Karnataka Dy CM Shivakumar in PMLA case


The Supreme Court on Tuesday chided the Kejriwal Government for not paying in full its share of money for the funding of the Regional Rapid Transport System (RRTS) project , observing that it has to be “arm-twisted” to fulfill its part of financial obligation towards the project.

“There can be no question of partial compliance. Complete compliance must take place,” the observation from a bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia came as it was informed that the Delhi government has released only a portion that it had to pay as its share.

“What you have to pay you have to pay,” Justice Kaul told the Delhi government, pointing out that “The problem is you have to be arm-twisted to pay money that you are obligated to.”

In the last hearing of the matter on November 21, the Supreme court had pulled up the Delhi government for the breach of an undertaking to the top court to provide funds for Regional Rapid Transport System (RRTS) project connecting the national capital with Meerut and directed it to transfer the funds for taking forward the project, giving it a week’s time to comply with its April/July directions.

The court had put in abeyance for a week its order directing the release of funds for RRTS, and said that its order would come into force if Delhi government fails to provide required funds for the project. The court had warned the Delhi government that if it failed to release the funds for the construction of RRTS project, it (top court) would attach its advertising budget.

Voicing its disappointment over the stand of the Delhi government, the court had said, “Why have you not complied with (the court’s) order? We will stay in your advertising budget. We will attach it and take it here (RRTS).”

The top court said this in the course of the hearing of an application by the National Capital Regional Transport Corporation (NCRTC) telling the court that Rs. 500 crores that Delhi government was to contribute still leaves a balance of Rs. 415 crores.

On April 21, the top court had permitted Delhi government to contribute Rs 500 crore from the Environment Compensation Charge (ECC) towards its share for Delhi-Meerut RRTS project.

However, when the National Capital Region Transport Corporation (NCRTC) pointed out that payment of Rs 500 crore would still leave a balance of Rs 415 crore towards Delhi government, the top court had said, “We call upon the State Government to make the requisite budgetary provision, if not already made and thereafter to pay the amount promptly so that the project is not delayed.”

On July 24, the top court while taking on record a statement by Delhi government, that the funds will be allotted for the project, the bench had said in its order, “Senior counsel says provisions will be made in line with proposed schedule. We take this on record, the overdue amount will be paid within two months.”

In the last hearing on November 21, referring to its April order, the bench had said, “Gross breach of directions by this court of assurance given on behalf of the state government… In April, we had specifically mentioned the balance amount payable by the Delhi government and directed them to pay the amount promptly. Amount is not paid… Details show that three years budgetary provision (for advertisement) was almost Rs 1100 crore, while for this financial year was Rs 550 crore… If such national projects are affected, and if money is being spent on advertisement, we would be inclined to ask the money to be directed to the infrastructure.”