IMPORTANT POINT
The authority to declare rural areas as urban areas vests in the Municipal Corporation, and the decision-making power lies with the Corporation, which exercised such power with the previous approval of the Government of NCT of Delhi.

JUDGMENT

Mini Pushkarna, J. - The present writ petition has been filed as a Public Interest Litigation challenging the constitutional validity of the Notification dated 16th May, 2017 issued by the Department of Urban Development, Government of National Capital Territory of Delhi ("GNCTD"). By way of the said Notification, it was declared that certain villages which were part of the rural areas shall cease to be the rural areas and shall be deemed as urban areas.

The principal challenge in the present petition is to the said Notification on the ground that the same could not have been notified by the Lieutenant Governor, as the power and authority to do so lies with the Corporation of the Municipal Corporation of Delhi ("MCD") in terms of Section 507 of The Delhi Municipal Corporation Act, 1957 ("DMC Act, 1957").

2. On behalf of the petitioner, the following contentions and submissions have been raised:

2.1 The impugned Notification has been issued by the Lieutenant Governor without any jurisdiction, power and authority.

2.2 In terms of Section 507 of the DMC Act, 1957, the decision-making power vests in the Corporation of MCD, which shall exercise such power with previous approval of the Government of NCT of Delhi.

2.3 All past Notifications under Section 507 of the DMC Act, 1957 have been issued by the Commissioner on behalf of the MCD. Mere plain reading of Section 507 of the DMC Act, 1957 makes it clear that power to issue notification making any declaration or exemption under Section 507 of the DMC Act, 1957 vests in the MCD.

2.4 The respondents cannot usurp the statutory and/or constitutional power and authority of the MCD. The impugned Notification has been issued in mala fide exercise of power, when no such power exists with the respondents.

2.5 Upon incorporation of Part IX-A in the Constitution of India, the MCD is now a Constitutional body. The MCD is constituted under and draws its strength and power from Part IX-A of the Constitution of India. It has constitutional powers, duties and responsibilities to discharge and perform all functions as enumerated in Schedule XII annexed to Article 243-W of the Constitution of India, including land use regulation.

2.6 On amendment of the DMC Act, 1957 to fulfill the requirement of Article 243-ZF of the Constitution of India in order to bring the same in consonance with the provisions of Part IX-A of the Constitution of India, all the powers and functions under the DMC Act, 1957 vest in the MCD.

2.7 The Lieutenant Governor of Delhi cannot step into the shoes of the MCD, which is a constitutional body under Part IX-A of the Constitution of India. The Lieutenant Governor cannot, at the same time, function as the Administrator of NCT of Delhi, Central Government, Government of NCT of Delhi and the MCD and claim to be repository of all constitutional and statutory power.

2.8 The impugned Notification is ultra vires the Constitution of India and the DMC Act, 1957. It is illegal, unlawful and ab initio null and void.

3. On behalf of the North Delhi Municipal Corporation ("North DMC") and South Delhi Municipal Corporation ("South DMC"), now unified MCD, it has been submitted as follows:

3.1 The matter for urbanization of the villages, which forms subject matter of the impugned Notification, was duly recommended by the Standing Committee and the Corporation of MCD. Thereafter, the matter was forwarded to the Secretary, Urban Development Department for further necessary action. Thus, the Notification has been published in accordance with law and there is no illegality in the same.

3.2 The actual decision for declaration of the villages in question as urbanized, was taken by the Corporation of MCD. Due procedure has been followed, after which the impugned Notification dated 16th May, 2017 was published by which certain villages were declared as urbanized villages.

4. On behalf of respondent no.2, the following submissions have been made:

4.1 The Notification dated 16th May, 2017 has been issued after r