The applicability of specific constitutional provisions to Union Territories and the validity of notifications issued by the President regarding the application of specific provisions to the National Capital Territory of Delhi.

S. B. Sinha, C. J.

( 1 ) THE petitioner in this writ petition inter alia has prayed for the following reliefs:

"a. This Hon ble Court may be pleased to quash the Delhi Development act, 1957 and its creature Delhi Development Authority. B. This Hon ble Court may also be pleased to quash the Delhi Municipal corporation Act, 1957 as amended by Act 67 of 1993. C. This Hon ble Court may also be pleased to quash Sections 330a and 349a, 5,6 and 31 of the Delhi Municipal Corporation Act, 1957 in case this Hon ble Court is not inclined to quash the Delhi Municipal Council act, 1957 as a whole. D. This Hon ble Court may be pleased to quash the Constitution (69th amendment) Act, particularly Article 239aa of the Constitution in part VIII thereof under the heading Special provisions in respect of delhi. E. This Hon ble Court may be pleased to consider clubbing the CWP No. 1516/1917, Prof. M. L. Sondhi v. Union of India and Ors. , with this matter, so that the challenge to the vires of the New Delhi Municipal council Act, 1994, in that petition, on the ground of it being violative of the Constitutional 74th Amendment Act could be considered by this hon ble Court along with the above matters. G. This Hon ble Court may be pleased to pass any other direction (s), order (s) as it may deem fit and proper in the facts and circumstances of this case. "at the outset, we may notice that CW No. 1516/97 has nothing to do with this writ petition.

( 2 ) THE prayers of the petitioners apparently are self-contradictory. The learned counsel appearing for the petitioners despite the a forementioned prayers having been made in the writ petition at the time of hearing of the writ petition confined his argument only to Section 6 of the Delhi Development Authority Act urging that the same is violative of part IXA of the Constitution of India.

( 3 ) SECTION 6 of the Delhi Development Authority Act reads as under: "the objects of the Authority shall be to promote and secure the development of Delhi according to plan and for that purpose the Authority shall have the power to acquire, hold, manage and dispose of land and other property, to 1 carry out building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage and other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto: provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force. "

( 4 ) ACCORDING to learned Counsel Part IX A of the Constitution of India which was inserted by Constitution (74th Amendment) Act, 1992 and came into force on 1. 6. 1993 mandates that the matter pertaining to grant of essential services should be provided by the Municipality within the meaning of Clause (e) of Article 243p of the constitution. In terms of the said provisions Municipality means institution of self-Government constituted under Article 243q of the Constitution of India. Article 243q reads as under : "article 243q (1 ). There shall be constituted in every State (a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area; (b) a Municipal Council for a smaller urban area; and (c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this part: provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the Municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township. (2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area" means such area a

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