Case Law Details
M.C. Mehta Vs Union of India (Supreme Court of India)
I.A. No.3516/2023- APPLICATION FOR DIRECTIONS B/O GOVT. OF NCT DELHI
An application has been filed by the Government of NCT of Delhi for permission to utilize Rs.500 crores of Environment Compensation Charge (ECC) Fund towards the payment of Delhi -Meerut RRTS project.
The original order is dated 06.3.2019 where while dealing with the Regional Rapid Transport System the contribution of the Government of India for the project in question as also State of Uttar Pradesh and NCT region of Delhi was specified. There was apparently a reluctance on the part of the NCT of Delhi to contribute to the amount and then the via media found was that from the ECC fund collected, the amount should be allocated for deposit. Learned amicus has referred us to the order and has no objection to release of Rs.500 crores on same terms and conditions as set out in the aforesaid order. We accordingly direct the Delhi Government to contribute Rs.500 Crores which includes tax liabilities from ECC fund within ten days. The tax component is refundable and refund shall be credited to ECC fund (pari materia with the earlier directions).
Learned counsel for the National Capital Regional Transport Corporation (NCRTC) points out that the aforesaid will not complete the exercise as there is still a balance amount of Rs.415 crores left. It is his submission that the Delhi Government is required to make budgetary provisions for the aforesaid. 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.
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