New Delhi, Aug 13: The AAP government on Thursday refused to accept Lt Governor Najeeb Jung's stay on its order over hiking circle rates for agricultural land by directing officials to implement the decision even as he returned the file on the matter citing "inherent inconsistencies" and sought a fresh notification.
The matter reached a flashpoint as the government questioned the LG's order in a Cabinet meeting chaired by Chief Minister Arvind Kejriwal saying he has no powers to direct a stay of any notification as only the judiciary has the power to do that.
Hours after the government's decision, LG issued a statement holding the notification "bad in law" and asked the government to submit a fresh corrected notification, "duly rectifying the flaws" of the current one.
"Unfortunately, while seeking to grant stay on this pro-farmer notification, the communication from the hon'ble LG is totally silent as to under what rules and under what Constitutional or statutory provisions the hon'ble LG is authorized to attempt issuance of such directions," a government statement said.
It said the issue falls within the purview of the transferred subjects, on which the LG is required to act on "aid and advice" of council of ministers according to Article 239 AA of the Constituion.
"This position was also clarified in an earlier communication addressed by the Home Minister of India to the Chief Minister of Delhi on January 31, 2011, exactly on the same matter. It was based on the opinion of the Attorney General," it said.
The Cabinet in its resolution directed the officers to implement the August 4 notification so that they are "not liable" for any loss to the exchequer due to its non-implementation.
"The cabinet also urges the hon'ble LG not to resort to issuance of such unlawful communications which are cause of embarrassment for holders of High Constitutional Offices," it said.