Law & Judiciary

    Delhi HC dismisses BJP MLA's PIL for TYADB reconstitution

    The Hawk
    September12/ 2023
    Last Updated:

    New Delhi: The Delhi High Court has dismissed a petition by a BJP MLA seeking the reconstitution of the Trans-Yamuna Area Development Board (TYADB).

    The Public Interest Litigation (PIL) was filed by Abhay Verma, the MLA from Laxmi Nagar constituency in the trans-Yamuna area, raising concerns about the delay in reconstituting the TYADB, which, he argued, was hindering the development of the region.

    Dismissing the petition, a bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula cited the Delhi government's ongoing deliberations on the issue and noted that the TYADB is an administrative body, not a statutory one.

    The TYADB was established by the Delhi government in March 1994 to facilitate the structured development of the Trans Yamuna Area (TYA) and reduce developmental disparities between TYA and other parts of Delhi.

    It is Verma’s case that although funds were regularly allocated to the TYADB, the board had not been reconstituted since July 2015, with funds allocated for 2020-21 and 2021-22 remaining unused.

    The bench stated that there was no reason to issue a mandamus to the government to reconstitute the board, and dismissed the PIL.

    Verma said that the delay in TYADB's reconstitution had led to neglect of its core responsibilities, including suggesting new infrastructure projects, coordinating inter-agency efforts, and addressing pre-existing infrastructure inadequacies.

    The petition sought the court’s direction to the Chief Secretary and Director of Local Bodies of the Delhi government to reconstitute TYADB promptly. In response, Delhi government authorities submitted a status report, explaining that deliberations for the board's reconstitution were ongoing. They said that since the TYADB's inception in 1994, multiple schemes with similar objectives for local area development had been initiated and new entities such as the Delhi Village Development Board (DVDB), Delhi State Industrial and Infrastructure Development Corporation (DSIIDC), and the Irrigation and Flood Control Department (I&FC) to oversee developmental activities in peripheral villages and unauthorised colonies have been created.

    Under schemes like Mukhyamantri Sadak Punarnirman Yojna (MSPY) and Chief Minister Local Area Development (CMLAD), the Delhi government committed itself to enhancing and refurbishing streets and roads in unauthorised colonies and housing societies, based on recommendations from MLAs, municipal councillors, and other public representatives. The government argued that TYADB was an administrative entity resulting from a government policy decision and was not a statutory body.