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2023 Supreme(Del) 5789

MANMOHAN, MINI PUSHKARNA
Campaign For People Participation In Development Planning – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Anil K. Aggarwal, Advocate, for the Appellant; Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kushagra Kumar, Advocate. Mr. Nitin Mishra, Advocate for DDA. Ms. Puja Kalra, Standing Counsel, MCD with Mr. Virendra Singh, Advocate, Ms. Sharmila Ola, Advocate with Mr. Anand Kumar Sharma, Sr. Town Planner. Mr. Satyakam, ASC with Mr. Ganesh Kumar Bhatt, Advocate, for the Respondent.

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 t

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