The Delhi High Court on Tuesday dismissed with costs of Rs 25,000 a PIL challenging the AAP government''s decision to grant electricity and water subsidies to people of the national capital, saying it was "absolutely and purely" a policy decision in which it was not going to interfere. A bench of Chief Justice DN Patel and Justice Prateek Jalan said water and electricity concessions were being given by the Delhi government as per its policy decision which was based upon complex facts and situations prevailing in the society.
It said a policy is based on the desire of the people and "how to rule a state has to be best left to the people doing so". The bench further said that unless an illegality in a policy is pointed out, the court was not inclined to alter it or interfere with it.
"The court cannot impose even a better policy," it said and "we see no reason to entertain the petition". "Petition is dismissed with cost of Rs 25,000 to be deposited with the legal services authority," the bench said.
The order came on the plea by Shailendra Kumar Singh, a resident of Ghaziabad in Uttar Pradesh, who had claimed that Delhi government''s policy of free subsidies to the public was "an infringement of the fundamental right of equality of citizens of India as well as violation of constitutional view of welfare state". Singh had also claimed that according to the response received under the Right to Information Act, subsidies to the tune of Rs 2,500 crore have been granted to the people without any disability, liability, restriction or conditions.