Delhi High Court
Shri H.R. Suri And Ors. vs Union Of India (Uoi) And Ors. on 9 February, 2005
Author: B Patel
Bench: B Patel, S K Kaul
JUDGMENT
B.C. Patel, C.J.
1. The petitioner has filed this petition, inter alia, for issuance of writ to quash and set aside the notification dated 12.11.2001 issued by Home Ministry. The copy of the notification is produced on record at page 113 (Annexure-P.5). That notification was issued in exercise of the powers conferred by the proviso to Article 243ZB of the Constitution of India whereby the President directed that the provisions of Articles 243ZD and 243ZE of the Constitution of India shall not apply to the National Capital Territory of Delhi.
2. In sum and substance, the petitioner states that the provisions contained in the Delhi Development Act and Delhi Municipal Corporation Act should not apply to the territories of Delhi in view of the provisions contained in Part IXA of the Constitution of India. Articles 243ZB, 243ZD and 243ZE read as under:-
''243ZB. Application to Union territories - The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
XXX XXX XXX
243ZD. Committee for district planing - (1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare the draft development plan for the district as a whole.
(2) The Legislature of a State may, by law, make provision with respect to -
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than four fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees be chosen.
(3) Every District Planning Committee shall, in preparing the draft development plan -
(a) have regard to -
(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastrtucture and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
243ZE. Committee for Metropolitan planning - (1) There shall be constituted in every Metropolitan area, a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(2) The Legislature of a State may, by law, make with respect to -
(a) the composition of the Metropolitan Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than two thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;
(c) the representation, in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;
(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such committees;
(e) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan -
(a) have regard to -
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the Government of the State;
(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;
(d) consult such institutions and organisations as the Governor may, by order, specify;
(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.''
3. Article 243P of the Constitution of India is a definition article wherein ''district'', ''Municipal area'', ''Municipality'': and ''Panchayat'' are defined. Article 243ZD refers to District Level Planning Commnittee, which has to consider the plans prepared by the Panchayats and Municipalities in the district. It is required to be noted that in the territorial limits of Delhi, like other Districts in other States, there are no panchayats and municipalities in one District. This State has two Municipalities, namely, Municipal Corporation of Delhi and New Delhi Municipal Council. It is for these two authorities to look after the problems of the citizens. So far as planning and development are concerned, it is not for the Corporation but it is for the Development Authority under the Delhi Development Act, which is the Central Legislation to examine the matter. No doubt for the purpose of planning, it is the responsibility of the Delhi Development Authority to make the planning and the implementation there of within the territorial limits of Delhi, however, to some extent the Municipal Corporation in so far as the area governed by it is concerned, it may be the implementing authority. Reading Article 243ZD, it is clear that the plans are to be prepare by the Panchayats and Municipalities in District. In one district, there may be a municipality and there may be panchayats but so far as development of that district is concerned, it should be by the joint efforts of municipalities as well as panchayat.
As indicated earlier, in the National Capital Territory of Delhi there being no panchayats and only one town planning authority, there is no question of invoking Article 243ZD and that would not arise in the case of National Capital Territory of Delhi to implement that Article.
4. So far as Article 243ZE is concerned, that refers to the constitution of a Metropolitan Planning Committee to prepare draft development plan for the metropolitan area as a whole. So far as National Capital Territory of Delhi is concerned, the entire area is covered by the Delhi Development Authority Act. It is not like other States where there are different development authorities in different cities and districts.
5. In view of the fact that there is centralisation of planning under the Delhi Development Act, which is a Central Legislation, the constitutional functionary as envisaged in Article 243ZB has deemed it appropriate to dispense with or modify the provision of Part IXA of the Constitution of India in so far as the applicability of the provisions of Article 243ZB and 243ZE to the National Capital Territory of Delhi is concerned. This Court cannot interfere in view of the aforesaid facts and circumstances.
6. It is required to be noted that earlier writ petition was filed being Civil Writ No.1277 of 2001, which has been decided by Division Bench of this Court on 31.5.2002 wherein it was prayed to quash the Delhi Development Act, 1957 and its creature Delhi Development Authority and to quash Delhi Municipal Corporation Act, 1957 by Act 67 of 1993. It is required to be noted that the Court examined the relevant provisions contained in the Constitution and decided the petition. Not only that, the Court also pointed out that by notification dated 12.11.2001, the Government of India in exercise of powers conferred by the proviso to article 243ZB directed that the provisions under article 243ZD and 243ZE of the Constitution shall not be applied to the National Capital Territory of Delhi. The Court pointed out that in this view of the matter it is not obligatory to establish District Planning Committee. Considering various provisions contained in Part IXA of the Constitution, the Court arrived at a conclusion even in the absence of the prayer to quash the notification.
7. We find no merit. The petition is dismissed.
