2014 Supreme(UK) 285
UTTARAKHAND HIGH COURT
Hon'ble Mr. Chief Justice K.M. Joseph and Hon’ble Mr. Justice V.K. Bist
Writ Petition (PIL) No. 118 of 2013
VIMAL THAKUR – Petitioner
Versus
STATE OF UTTARAKHAND & ORS. – Respondents
Decided on : 28.08.2014
For the Respondent No. 1:Mr. Rakesh Dwivedi, Sr. Adv., assisted by Mr. Vinay Garg and Ms. Sanskriti Pathak, Advocates
For the Respondent No. 2:Mr. Vinay Garg and Mr. Rahul Consul, Advocates
For the Respondent No. 4:Mr. Vinay Garg and Ms. Puja Banga, Advocates
For the Respondent No. 5:Mr. Naveen Tiwari, Advocate
Headnote:U.P. Urban Planning and Development Act, 1973, Sec. 59, U.P. Special Area Development Act, U.P. Regulation of Building Operation Act, 1958, Sec. 3 and Constitution of India, 1950 — Public Interest jurisdiction — Invoking of — Constitutional amendments, i.e. 73rd and 74th Amendments, do not have the effect of reversing either Sec. 3, 1958 Act or Sec. 59, 1973 Act — As such a contingency cannot flow from the provisions contained in Art. 243-N or Art. 243-ZF Constitution of India. (Paras 6, 14, 19, 21 to 24)
mñizñ ‘kgjh fodkl vkSj fu;kstu vf/kfu;e] 1973] /kkjk 59] mñizñ fo’ks”k {ks= fodkl vfèkfu;e] mñizñ Hkou ds izpkyu vf/kfu;e] 1958] /kkjk 3 vkSj Hkkjrh; lafo/kku] 1950 & yksdfgr vf/kdkfjrk dk voyacu & 73rd o 74th lafo/kkfud la’kks/kuksa ds ikl èkkjk 3] vf/kfu;e 1958 ;k /kkjk 59] vf/kfu;e 1973 ds mRØe dk izHkko ugha & bl izdkj vuqPNsn 243-N ;k vuqPNsn 243-ZF ds izko/kkuksa ls dfFkr vkdfLedrk mRié ugha gks ldrhA ¼izLrj 6] 14] 19] 21 ls 24½
K.M. Joseph, C.J.
Petitioner claims to be an Editor of a newspaper. He has approached this Court invoking the public interest jurisdiction seeking the following reliefs:
“(i) To issue writ order or direction declaring UP Urban Planning and Development Act 1973, UP Special Area Development Act, UP Regulation of Building Operation Act 1958 stood repealed w.e.f. 11.06.1994 on the expiry of one year from the date of commencement of 73rd and 74th amendment in the Constitution of India or alternatively:-
(i) To issue writ order or direction in the nature of mandamus commanding the respondent, restoring the relevant provision of UP Municipalities Act 1916, UP Municipal Corporation Act 1959, UP Panchayat Raj Act 1947 and Zila Panchayat Act which were put under suspension by virtue of section 3 and 59 of the UP Regulation of Building Operation Act 1958 and UP Urban Planning and Development Act 1973 respectively as stood reversed by Constitution’s 73rd & 74th amendment.
(ii) To issue writ order or direction in the nature of mandamus commanding the respondents to constitute District Planning Committees in each district as per Article 243 ZD of the Constitution of India.
(iii) To issue writ order or direction in the nature of mandamus commanding the respondent to constitute finance commission as per Articles 243 I and 243 Y of the Constitution of India.”
2. It is his case that the U.P. Municipalities Act was enacted in the year 1916 and Sections 178, 179, 180, 180-A, 181, 182, 183, 184, 185, 186, 203, 204, 205, 206, 207, 208, 209, 210 and 222 control urban planning and development within the municipal area. The U.P. Municipal Corporation Act was enacted in the year 1959 and Sections 5(c), 54 to 56, 114(xxxii), 117(3), 119, 316, 317 to 329, (a) & (b) of sub-section (1) of Section 334, Sections 335 and 336 deal with urban planning and development within the boundaries of Nagar Mahapalika / Municipal Corporation. In the same manner, Chapter IV of the U.P. Panchayat Raj Act, 1947, read with Chapter III of the U.P. Kshetriya and Zila Panchayat Adhiniyam, read with Schedule thereof, deals with the powers of the Gram Kshetra Panchayat pertaining to the rule, planning and development.
3. Prior to the bifurcation of the State of Uttar Pradesh into Uttar Pradesh and Uttarakhand, the U.P. (Regulations of Building Operations) Act, 1958 (hereinafter referred to as the “1958 Act”) was enacted. Section 3 of the 1958 Act provides as follows:
“Section 3:- Declaration of Regulated Area- (1) If in the opinion of the State Government any area within U.P. requires to be regulated under this Act with a view to the prevention of bad laying out of land, haphazard erection of buildings or growth of sub-standard colonies or with a view to the development and expansion of that area according to proper planning, it may, by notification in the Official Gazette, declare the area to be regulated area.
(2) The operation of Chapter XIII of the UP Nagar Mahapalika Adhiniyam 1959 (Sections 178, 179, 180, 180-A, 181, 182, 183, 184, 185, 186, 203, 204, 205, 206, 207, 208, 209, 210 and 222 of the United Provinces Municipalities Act, 1916 (or the said sections as extended under Section 338 thereof or under Section 38 of the U.P. Town Area Act 1914) Sections 29, 30 and 32 of the U.P. Town Improvement Act 1919 or, as the case may be, of Sections 162 to 171 of the UP Kshetriya Samitis and Zila Parishad Adhiniyam, 1961, shall in respect of a regulated area remain suspended for the period during which the declaration relating to it under sub-section (1) remains in force and the provision of Section 6 of the U.P. General Clauses Act, 1904, shall apply in relation to such suspension as if the suspension amounted to repeal of the said enactments by this Act.”
4. Thereafter, the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the “1973 Act”) was enacted. The purported reason for the enactment is given as follows:
“In the developing