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2023 Supreme(Online)(Del) 19421
W.P.(C) 5194/2017 Page 1 of 12
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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W.P.(C) 5194/2017 & CM APPL. 22126/2017
CAMPAIGN FOR PEOPLE PARTICIPATION IN DEVELOPMENT
PLANNING
..... Petitioner
Through:
Mr. Anil K. Aggarwal, Adv.
versus
UNION OF INDIA & ANR
..... Respondents
Through:
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, Ms.
Sharmila Ola, Advocates with Mr.
Anand Kumar Sharma, Sr. Town
Planner.
Mr. Satyakam, ASC with Mr. Ganesh
Kumar Bhatt, Advocate.
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Date of Decision: 30th November, 2023
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MINI PUSHKARNA
The power to declare rural areas as urban areas lies with the MCD under Section 507 of the Delhi Municipal Corporation Act, 1957, and the Lieutenant Governor's approval is merely a formality.
Headnote:
{'KEYWORD': ['URBANIZATION', 'RURAL AREAS', 'NOTIFICATION', 'MUNICIPAL CORPORATION OF DELHI', 'LAND USE REGULATION'], 'SUBJECT': 'Urbanization of Rural Areas in Delhi', 'SUMMARY': "The Delhi High Court upheld the constitutional validity of a notification issued by the Lieutenant Governor of Delhi declaring certain rural villages as urban areas. The Court held that the power to declare rural areas as urban areas lies with the Municipal Corporation of Delhi (MCD) under Section 507 of the Delhi Municipal Corporation Act, 1957, and that the Lieutenant Governor's approval was merely a formality. The Court also noted that the urbanization of rural areas was necessary for the planned development of Delhi and to meet the growing demand for housing and infrastructure."}
Fact of the Case:
A Public Interest Litigation (PIL) was filed challenging the constitutional validity of a notification issued by the Lieutenant Governor of Delhi declaring certain rural villages as urban areas. The petitioner argued that the notification was issued without jurisdiction and that the power to declare rural areas as urban areas lies with the MCD.
Finding of the Court:
The Delhi High Court held that the notification was issued in accordance with law and that the Lieutenant Governor had the authority to approve the MCD's decision to declare the rural villages as urban areas. The Court also found that the urbanization of rural areas was necessary for the planned development of Delhi and to meet the growing demand for housing and infrastructure.
Issues: 1. Whether the Lieutenant Governor of Delhi had the authority to issue the notification declaring certain rural villages as urban areas. 2. Whether the MCD had the exclusive power to declare rural areas as urban areas. 3. Whether the urbanization of rural areas was necessary for the planned development of Delhi.
Ratio Decidendi: 1. The power to declare rural areas as urban areas lies with the MCD under Section 507 of the Delhi Municipal Corporation Act, 1957. 2. The Lieutenant Governor's approval of the MCD's decision to declare the rural villages as urban areas was merely a formality. 3. The urbanization of rural areas was necessary for the planned development of Delhi and to meet the growing demand for housing and infrastructure.
Final Decision: The Delhi High Court dismissed the PIL and upheld the constitutional validity of the notification declaring certain rural villages as urban areas.
MINI PUSHKARNA, J
1.
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.
Digitally Signed By:CHARU
CHAUDHARY
Signing Date:02.12.2023
21:33:56
Signature Not Verified
W.P.(C) 5194/2017 Page 2 of 12
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
Digitally Signed By:CHARU
CHAUDHARY
Signing Date:02.12.2023
21:33:56
Signature Not Verified
W.P.(C) 5194/2017 Page 3 of 12
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
