AAP Government’s ‘Freebies’ Culture Left Them NO Money: Delhi High Court

The Delhi High Court took a jibe at the freebie policies of the Delhi government following the tragic death of three students in the old Rajendra Nagar area in Delhi.

The Delhi High Court bench  Chief Justice Manmohan and Justice Tushar Rao Gedela said that it is because of the government’s ‘Freebie’ culture that now the government has no finance to develop the infrastructure, especially the drainage system amid the surging population in the city.

He continued, “We ask MCD to carry out projects. Any project above Rs 5 crore they say will be approved by Standing committee. But there is no Committee. Yesterday, one plan they said has to go to Cabinet. What’s the next date of cabinet meeting, nobody knows! You have to decide on this freebie culture. There is a population of 3.3 crore people in this city whereas it was planned for 6-7 lakh people. How do you plan to accommodate so many people without upgrading infrastructure?”

The bench was hearing a public interest litigation (PIL) requesting the formation of a High-Level Committee to investigate the deaths of the three aspirants, who died in a flooded basement at Rau’s IAS coaching center in Old Rajendra Nagar.

The counsel for Kutumb, the petitioner organization, mentioned similar incidents in Mukherjee Nagar and Vivek Vihar, stating that despite judicial directives to civic authorities, no action had been taken. He added that a letter was sent to the government about the illegal operation of Rau’s IAS coaching center, followed by two reminders, but no action was taken. He argued that timely intervention could have saved the three aspirants’ lives.

The counsel for the MCD claimed that authorities had been conducting inspections and had issued notices to about 75 institutes. “35 were shut and 25 sealed. I am not justifying anything but action is being taken,” he said. He also mentioned that the GNCTD had delayed action on the complaint for 22 days before passing it on to the MCD, which eventually led to the incident.

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The bench questioned why the century-old infrastructure had not been upgraded when building bylaws were being liberalized. The court remarked on the “major disconnect” between the city’s infrastructure and current needs. Noting that some municipal officers were terminated for their lapses, the bench criticized the lack of accountability among senior officers. “You have terminated junior officers but what about senior officers who should have supervised?…At some time senior officers have to visit and inspect. They are not leaving their AC offices. If you think with buildings you can fight with nature, you’re mistaken. And what is this planning? One day you are complaining of drought and next day there is flood? You are not ready for anything…You have to decide on this freebie culture. There is a population of 3.3 crore people in this city whereas it was planned for 6-7 lakh people. How do you plan to accommodate so many people without upgrading the infrastructure?”

ACJ Manmohan also questioned the Delhi Police’s actions in the case, criticizing the arrest of an SUV driver and suggesting that the real issue was the failure to desilt the area. “What is police doing catching passersby-a driver saying that ‘because you have passed so water has entered the basement’. Have you questioned the person who has not done the desilting?” the ACJ remarked.

The court included the Delhi Police in the PIL after the petitioner’s counsel made an oral request. The court instructed Delhi Government’s counsel, Advocate Jawahar Raja, to ensure that the concerned DCP and IO are present in court with all relevant files at the next hearing.

The court also directed the MCD Commissioner to be personally present in court. The matter will be heard again on Friday.

The petitioner was represented by Advocates Rudra Vikram Singh, Yash Giri, and Anuj Shukla. The PIL seeks the formation of a district-level committee in each district of the national capital to investigate illegal commercial construction. It also calls for an action taken report in response to previous directions related to a fire incident at a coaching center in Mukherjee Nagar and the formation of a committee to compile a report on illegally operating coaching institutes not following standard norms.