New Delhi [India], November 5 : The Delhi High Court on Tuesday declined to entertain a Public Interest Litigation (PIL) filed by an MCD Councillor, seeking a direction to the Delhi Government and MCD to increase the allocated funds for MCD Councillors to at least Rs 15 crore.
The petitioner argued that the funds should be utilized for various welfare activities, including road repairs, maintenance of schools, parks, dispensaries, and recreation centers.
The bench led by Chief Justice Manmohan also comprising Justice Tushar Rao Gedela advised the petitioner to raise the matter within the MCD House and before the Standing Committee, and subsequently disposed of the plea.
The bench, while disposing of the matter, orally remarked, "We are struggling to secure funds for the Delhi High Court itself, so how can we issue directions to enhance your funds? You should raise the issue in the MCD House."
The plea also sought directions to the Delhi Government and MCD regarding their alleged failure to allocate sufficient funds to the elected Municipal Corporation of Delhi (MCD) councillors.
The petition has been filed by Sonali, an elected councillor from Sidhartha Nagar, Delhi, highlighted that insufficient funding for MCD councillors has hindered their ability to perform their statutory duties.
This lack of resources has led to a decline in essential public services, including the maintenance of parks, schools, dispensaries, roads, and community centres, adversely affecting the citizens of Delhi, stated the plea.
The petitioner was represented through Advocates Shalabh Gupta and Prachi Gupta, highlighted specific failures resulting from inadequate funding, particularly in MCD-run schools suffering from poor infrastructure and sanitation, thus violating children's right to education under Article 21A.
It stated that public parks are neglected due to water shortages, impacting greenery and safety, especially for the elderly. Essential facilities like dispensaries, outdoor gyms, and community centres are in disrepair, depriving citizens of basic health and social services.
This failure to maintain public facilities and ensure adequate funding is argued to violate the right to life under Article 21 and the right to education under Article 21A of the Constitution.
The deteriorating conditions threaten citizens' fundamental rights, especially considering that while MLAs receive approximately Rs15 crores annually, MCD councillors are allocated only about Rs1 crore, plea stated.