Delhi HC asks Centre why the national capital has not attained world class status

Wondering why Delhi has not been able to attain world-class status despite having spent huge funds, the Delhi High Court has sought the views of Centre and the city government on appointing a consultant to devise a system for better governance of the capital city.

"We accordingly, in the first instance direct the secretary, Ministry of Home Affairs, and the Chief Secretary, Delhi Government to present their views in this respect before us by filing affidavits, within a period of four weeks from today including as to the consultant/think tank/expert who/ which can be entrusted with the said task," a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said.

The bench observed that the main reason for failure of governance was "continuance even today of tools/schemes/ systems/policies of governance and administration, which were devised over half, if not over a century ago."

"The tools/schemes/systems/policies of governance/ administration which may have been effective then, have with the vast expansion of the city and its population and the increased demands, today failed," it said adding that no attempt to bring in modern schemes, systems or policies to combat the present day issues, appears to have been made.

"It is sad that despite expending huge funds and the best intention of the officials and employees, the city is not able to achieve the world class status to which it aspires," the bench observed.

The observation was made by the bench in its judgment on a PIL filed by one Vinod Kumar Bansal seeking direction to the government for reserving and providing parking spaces to physically-challenged persons.

The bench further said that new systems or policies for administrating and governing the city would have to be devised in consultation with all the government agencies having a role in Delhi and within the ambit of the constitutional status of the city.

"We are sure that a competent think tank/consultant assigned the said task, would be able to devise a structure/ scheme/system for better administration/governance of the city," the bench said. 

It noted that business houses at huge costs, hire management consultants to study their existing management systems and thereafter suggest changes for optimising efficiency and profits.

"We do not see any reason as to why the same cannot be done vis-a-vis a city. The governance of a city is not completely divorced from the management of a large corporation. What works for corporations, in our view should work for the city also," the bench said.

Noting that accountability was one of the ingredients of good governance, the bench said that "the existence of plethora of authorities to deal with the various facets/ functions over a given area/zone and the further division of responsibility even within each of such authority amongst several officials, results in not one person being responsible or accountable for the proper upkeep and maintenance of any area and the resultant non-governance or deficiency in governance."

Justice Endlaw who penned down the judgement for the bench said that "we have also experienced that existence of multiple agencies undertaking different tasks with respect to roads also acts as an impediment."

The work of construction, maintenance of roads were undertaken by various agencies without any coordination and "often it is found that such agencies dig up a road for laying cables/pipes or for installation of street furniture, immediately after the road/pavement has been re-laid."

"All this comes in the way of optimum and intended use of our roads/pavements, with the same being congested, dusty, blocked, uneven and full of potholes, impeding movement thereon," it said.

The bench said "we have wondered, why one official cannot be responsible for all facets with respect to a defined stretch of road or defined area/zone, to be accountable for all deficiencies, of whatsoever nature thereon."

It said that the "aforesaid state of affairs belies the expectation of a citizen from the state, of providing the necessary infrastructure for exercise of the right of movement from one place to another and which is an essential state function."

The bench also passed several directions for providing parkings spaces for persons with disability, saying all concerned agencies within six months, in each of the parking spaces presently available, reserve such parking spaces. It also directed that dedicated phone lines or e-mail address for receiving complaints on blocking access to the pavements through encroachments, be provided and the telephone number for each district be widely advertised to enable citizens make complaints.