No Reason To Issue Mandamus To Govt: Delhi HC Dismisses PIL Of BJP MLA Who Sought Reconstitution Of Trans Yamuna Area Development Board
The Delhi High Court has dismissed the Public Interest Litigation (PIL) filed by BJP MLA Abhay Verma which pertained to the reconstitution of the Trans Yamuna Area Development Board (TYADB).
The Court said that there is no reason to issue mandamus to the Government to reconstitute the aforesaid Board.
A Division Bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula noted, “… keeping in view the reply filed by the GNCTD, as TYABD is an administrative body and not a statutory body, this Court does not find any reason to issue a mandamus to the Government to re-constitute the Board, consequently, the PIL stands dismissed.”
None appeared for the petitioner while ASC Satyakam appeared for the State.
The petitioner, an elected Member of the Legislative Assembly (MLA) representing the Laxmi Nagar constituency in the Trans Yamuna district, argued that the Government of NCT of Delhi (GNCTD) established the TYADB in March 1994. The primary objectives were the structured development of the Trans Yamuna Area (TYA), minimizing developmental disparity between TYA and other regions of Delhi, and ensuring the provision of essential amenities for TYA residents. The petitioner asserted that although funds were regularly allocated to TYADB for the upliftment of TYA, the Board was not reconstituted since 2015.
Consequently, allocated funds for 2020-21 and 2021-22 remain unused. As per the petitioner, the lack of the Board's formation also hindered the execution of its core duties, including suggesting new infrastructure projects, coordinating inter-agency efforts, and rectifying pre-existing infrastructure inadequacies and such situation undermined the very essence of TYADB's establishment. Owing to these concerns, the petitioner filed a PIL, urging the Court to issue a writ of mandamus to the respondents, namely the Chief Secretary and Secretary (Director of Local Bodies) of GNCTD, pressing them to reconstitute the Board without delay.
The High Court in the above context said, “Conversely, the Respondents have presented a status report reflecting that deliberations about the Board's reconstitution are still underway. However, they emphasize that since TYADB's inception in 1994, multiple schemes with analogous objectives—pertaining to local area development— have been initiated. These include the Mukhyamantri Sadak Punarnirman Yojna (MSPY), Mukhyamantri Street Light Yojna, Chief Minister Local Area Development (CMLAD), and the Member of Legislative Assembly Local Area Development Scheme (MLALAD).”
The Court added that new entities like the Delhi Village Development Board (DVDB), Delhi State Industrial and Infrastructure Development Corporation (DSIIDC), and the Irrigation and Flood Control Department (I&FC) have been formed to champion developmental activities in peripheral villages and unauthorized colonies.
“Under the aegis of MSPY and CMLAD, GNCTD commits to enhancing and refurbishing streets and roads in unauthorized colonies and various housing societies, based on recommendations from pertinent MLAs and Municipal Councillors. The CMLD scheme, furthermore, permits not only MLAs and Municipal Councillors but also public representatives, Residents Welfare Associations (RWAs), and Societies to propose enhancements and repairs on roads and execute tasks enumerated under the MLALAD scheme”, further observed the Court.
The Court considered argument of the counsel for GNCTD that TYADB is not a statutory body but is an administrative entity birthed from the GNCTD’s policy decision.
Accordingly, the High Court dismissed the PIL.
Cause Title- Abhay Verma v. State of NCT of Delhi & Anr.