ORDER

Madan B. Lokur, J.

1. On 18th May, 2018 the learned Attorney General made an oral request for modification of the order passed on 15th May, 2018 particularly the following paragraph:-

“As far as the amendment of the Master Plan is concerned, we partially modify our order dated 6th March, 2018. It is submitted, on an interpretation of Section 11A of the Delhi Development Act, 1957, which has been read over to us by the learned Attorney General, that objections to the proposed amendments to the Master Plan for Delhi will be meaningfully considered and amendments notified by the Central Government only after giving a notice period of 15 days for submitting objections. In other words, the Central Government will first invite objections from the people which can be submitted within 15 days of the notification inviting objections. After that period of 15 days is over, the Central Government will meaningfully consider and address the objections and make necessary modification, as deemed appropriate. The amendments may then be notified.

The final decision of the Central Government should be taken keeping the interest of the people of Delhi and future generations in mind as well as the statutory requirements. The final decision should be placed on record.”

2. Even though the request was rather unusual, in the sense that no application had been moved, we nevertheless heard the learned Attorney General and reserved orders.

3. The Delhi Development Authority (DDA) proposes to amend the Master Plan for Delhi. Section 11A of the Delhi Development Act, 1957 provides for such an eventuality.

4. One of the procedural requirements for modification of the Master Plan is provided for in the Delhi Development (Master Plan and Zonal Development Plan) Rules 1959 (for short ‘the Rules’).

Rule 5 provides as follows:

“5. Public notice regarding preparation of Master Plan:

(1) As soon as may be after the draft master plan has been prepared, the Authority shall publish a public notice stating that:

(a) The draft master plan has been prepared and may be inspected by any person at such time and place as may be specified in the notice;

(b) Suggestions and objections in writing, if any, in respect of the draft master plan may be filed by any person with the Secretary of the Authority within 90 days from the date of first publication of the notice.

(2) This notice may be in Form ‘A’ appended to these Rules without modifications or with such modification as may be necessary.”

Rule 7 of the Rules is also of some importance and this provides as follows:

“7. Notice to and representation from local authorities:

The Authority shall cause the said notice referred to in Rule 6 to be sent to every local authority within whose limits any land touched by the plan is situate, and such local authority may, within a period of 45 days from the date of the notice, make any representation with respect to the plan to the Authority.”

5. For reasons that are not very clear, the Ministry of Housing and Urban Affairs issued a notification on 31st January, 2018 reducing the period for inviting suggestions and objections by any person from a period of 90 days to a period of 3 days. This was achieved by inserting a proviso in Clause (b) of Rule 5 of the Rules which reads as follows:

“Provided that where the Central Government considers it expedient so to do for the purpose of maintenance of public order or in case of any exigency likely to effect the interest of the public, it may require such suggestions and objections to be filed within a period of 3 days from the date of the notice.”

6. Similarly, the period of 45 days for local authorities to raise objections was curtailed to a period of 3 days under the circumstances mentioned in the proviso to Clause (b) of Rule 5 of the Rules.

7. On the above basis, public notices were issued on 3rd February, 2018 inviting objections and suggestions from the public. It appears that 3 days were not enough for inviting objections and sugge