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2017 Supreme(Raj) 24

SANGEET LODHA, ARUN BHANSALI
Gulab Kothari – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr.M.S.Singhvi, Senior Advocate, assisted by Mr.Vineet Dave, Amicus Curiae
Mr.Abhinav Bhandari, Advocate on behalf of petitioners in Writ Petition No.5642/08, 5645/08 and 5907/08.
Mr.Poonam Chand Bhandari-petitioner, present-inperson.
Mr.N.M.Lodha, Advocate General alongwith Mr.V.D.Dadhich, Dr. P.S.Bhati, Additional Advocate General alongwith Mr.S.S.Rathore, Mr.Manoj Bhandari for the respondents.
Mr.P.P.Choudhary, Senior Advocate with Mr.Ankur Mathur, Mr. Ashok Chhangani, Mr.Sanjeev Johari, Dr.Sachin Acharya, Mr.Deelip Kawadia, Mr.Muktesh Maheshwari, Dr.Aklavya Bhansali for the applicants.

Judgement Key Points

Certainly. Based on the provided detailed legal document, the key points regarding the scope and scope of modifications to the Master Development Plan and the status of the peripheral control belt/green belt/ecological zone are as follows:

  1. Preparation and Validation of Master Development Plan: The Master Development Plan is a comprehensive goal-oriented strategy for systematic and planned urban development. It is prepared democratically, considering public suggestions and objections, and approved by the relevant authority and the State Government. Once approved, it becomes a legally binding document that guides land use and development.

  2. Scope of Modification During the Operative Period: The authorities, such as the Development Authority or Municipalities, can make modifications to the Master Plan during its operational period only if such changes do not materially alter its basic character or the standards of land use and population density. These modifications require adherence to prescribed procedures, including public notices and consideration of objections.

  3. Permissible Modifications with State Approval: The State Government may approve modifications that promote planned development in larger public interest, but such modifications must be exercised cautiously and only if they align with the overarching objectives of the original plan. The discretion of the State is not absolute and must be exercised in accordance with the statutory purpose.

  4. Alteration of Land Use in Sensitive Zones: The land designated as ecological zones, green belts, or peripheral control belts in the Master Development Plan is a fundamental feature, intended to serve as "lung spaces" and environmental buffers. These areas are meant to be preserved and protected against any change of use during the plan’s operative period and even during revision or renewal processes.

  5. Protection of Green and Ecological Zones: The ecological zones (including G1 and G2 zones) and green belts are critical for environmental conservation, ecological balance, and public health. They are not static but are intended to remain largely undeveloped, with any change in land use only permissible in exceptional circumstances that serve the larger public interest and are supported by environmental impact assessments.

  6. Restrictions on Peripheral Control Belt/Green Belt: The peripheral control belt’s primary purpose is to regulate unplanned growth and urban sprawl. During the operative period, its land use cannot be altered for purposes other than those specified, unless such change is in the larger public interest and is part of a planned development strategy. Any isolated change without inclusion in the overall land use plan is not permissible.

  7. Environmental and Public Interest Considerations: Preservation of open spaces, parks, recreational areas, and natural resources is a constitutional and statutory obligation. These areas form part of the basic character of the Master Plan and cannot be diverted or altered to serve private or individual interests during the plan’s validity or revision process, unless overriding public interest is established.

  8. Procedural Safeguards for Changes: Any change in land use, especially in sensitive zones like ecological or green areas, requires transparent procedures, including public notices, environmental impact assessments, and consideration of public interest. Unauthorized or arbitrary modifications are liable to be reversed or declared void.

  9. Implications of Unauthorized Changes: Unauthorized alterations or deviations from the approved Master Plan, without following due statutory procedures, are illegal. Regularization or compounding of such deviations is only permissible if they conform to permissible modifications under the law and are not detrimental to the core objectives of planned urban development.

  10. Enforcement and Oversight: The authorities are under a constitutional and statutory obligation to enforce the preservation of designated green and ecological zones, open spaces, and civic amenities. Any illegal encroachments, unauthorized constructions, or deviations in land use must be dealt with strictly, including demolition where necessary, and officials involved in such violations should be held accountable.

In summary, the legal framework emphasizes that the Master Development Plan’s fundamental features, especially the ecological zones, green belts, and peripheral control belts, are protected as part of the plan’s basic character. Any modifications affecting these areas during the plan’s operative period or during revision require strict adherence to statutory procedures, environmental considerations, and the larger public interest, and cannot be arbitrarily or casually altered to serve private or individual interests.


ORDER

SANGEET LODHA, J.

1. By an order dated 7.4.04, this court treated a letter received from Shri Gulab Kothari, Editor, Rajasthan Patrika, a leading daily newspaper of the State, containing allegations related to gross violation of the Master Development Plan of Jaipur and other cities, accompanied by various news items published in the said newspaper, as a writ petition (PIL) and issued notices to the Chief Town Planner, Urban Development & Housing Department, Government of Rajasthan.

2. On 20.1.05, a reply to the writ petition was filed on behalf of the State taking the stand that the Master Plan prepared covers various essential land uses e.g., residential, commercial, industrial, Government and Semi-Government offices, Bus Stand, Transport Nagar, Common community facilities, Parks, Open spaces, Network of the Roads and also the Periphery Control Belt required to be developed for projected population. Regarding the allegations of deviation of Master Plans as raised in the letter petition, the respondents took specific stand as under:

“(3) That so far as the allegation of th








































































































































































































































































































































































































































































































































































































































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