The court upheld that established statutory procedures must be followed in preparing the Master Plan, limiting additional public objections after the conclusion of designated hearings.

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, CJ.

1. Heard the learned Counsel for the Parties.

2. This Public Interest Litigation Petition has been filed with the following prayers:

“a) Issue an appropriate writ, order or direction in the nature of mandamus to the Respondent/s to consider the Petitioners’ request for conducting physical hearing for all the stake holders including the Petitioner for giving suggestions & objections pertaining to the Draft Master Plan for Delhi-2041 and to redraft the MPD-2041 in conformity with suggestions, objections and the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959;

b) Issue an appropriate writ, order, or direction to the Respondent/s, to publish all primary surveys and baseline studies undertaken in the preparation of the Draft MPD-2041 and make them publicly available;

c) Issue an appropriate writ, order, or direction to the Respondent/s, to call all the records and documents pertaining to the Draft MPD-2041;

d) Issue an appropriate writ, order, or direction to the Respondent/s, to publish all the Zonal Development Plans as part of the Draft MPD-2041 and make them publicly available;

e) Issue an appropriate writ, order, or direction to the Respondent/s, to make publicly available the review of the performance of the previous Master Plan for 2021 (MPD-2021) as provided for under the Monitoring Framework for Development (Table 18.1, Master Plan for Delhi-2021, ANNEXURE P-11);

f) Issue an appropriate writ, order, or direction to the Respondent/s, to evaluate the success or failure all pilot projects undertaken in the previous Master Plan (MPD-2021) period before including those projects as schemes or programmes in MPD-2041;

g) Issue an appropriate writ, order, or direction to the Respondent/s, to make specific provisions for protecting livelihoods (as documented in the Delhi Economic Survey of 2021) and include a financial plan in the Draft MPD-2041.”

3. Prior to filing the instant Writ Petition, the Petitioner had filed W.P.(C) 3578/2022 where the grievance that the Petitioner was not heard in the consultation exercise carried out by the Delhi Development Authority (“ DDA ”) for drafting the Master Plan for Delhi 2041 (“MPD-2041”). Certain other prayers were also made in the said Writ Petition. The Petition was finally disposed of by the learned Single Judge by means of an order dated 02.03.2022 providing therein that the said Petition shall be treated as the Petitioner’s representation for due consideration by the Drafting Committee.

4. It is on record that in compliance of the order dated 02.03.2022 passed in the earlier Writ Petition filed by the Petitioner, a Special Meeting of the Board for Enquiry and Hearing (“BoEH”) was held on 13.06.2022 to consider the Writ Petition filed earlier as its representation. Thereafter, the BoEH submitted its representation on the objections/suggestions and submitted the modified Draft MPD-2041 for placing the same before the Authority for its approval. It is also on record that a meeting of the Authority was held on 28.02.2023 and approval to the draft plan was accorded by the Authority vide Minutes dated 06.04.2023. It is also informed that the Draft MPD-2041 has been forwarded to the Ministry of Housing and Urban Affairs, Government of India on 13.04.2023 for approval and issuance of the final notification. The additional affidavit was filed on 15.01.2024 mentions the aforesaid developments which took place after the order on 02.03.2022 was passed by this Court on the earlier petition filed by the Petitioner.

5. It appears that after the said order, certain contempt proceedings were initiated by the Petitio