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Master Plan challenged in Supreme Court

J. Venkatesan

`Relevant laws not taken into account while preparing it'

NEW DELHI: The Delhi Pradesh Citizen Council on Friday moved the Supreme Court challenging the notification of the new Master Plan for Delhi-2021 issued by the Delhi Development Authority and approved by the Centre.

The petitioner submitted that by virtue of the notification, the directions issued by the apex court had come to a halt. Further, the provisions of the Delhi Municipal Corporation Act, 1957, the New Delhi Municipal Council Act, 1985, the Delhi Development Act and other relevant laws had not been taken into consideration while preparing the Master Plan.

The Council said the petition raised important questions of law on whether MPD-2021 was unjust, arbitrary and unconstitutional and whether the authorities had usurped the powers of the judicial functions of the court inasmuch as the Master Plan overrides the apex court's directions.

It contended that extensive alterations had taken place in the Master Plan, as a result of which land users were seriously affected. Further, such changes in land uses and floor areas were contrary to the provisions of various statutes.

Also, permitting commercial use of residential areas would lead to further destruction of the quality of life in the Capital.

The Master Plan could not make Delhi a world-class city ahead of the Commonwealth Games 2010, the petition said. The objections raised by bona fide residents had not been considered by the committee constituted for the purpose before notifying the Plan.

The Master Plan was inconsequential in the eyes of the law except for regularising all kinds of illegal/unconstitutional activities undertaken by violators/encroachers at the cost of law-abiding citizens, it contended. Without providing facilities, illegal colonies could not be regularised, that too without subjecting them to any reasonably penalty/charges etc.

It contended that MPD-2021 did not fulfil the objectives sought to be achieved by the Delhi Laws (Special Provisions) Act wherein Parliament gave a mandate for proper planning.

The Council said the Plan was not based on actual survey, collection of requisite data and its analysis. Further, the Government had failed to take note of the fact that illegal development/misuse of the residential property affected a large number of law-abiding citizens in the Capital.

It was nothing but an appeasement policy at the cost of law-abiding citizens.

The Council, therefore, sought a declaration that MPD-2021 was ultra vires the Constitution as being arbitrary, unjust, unreasonable and illegal. An interim stay of its operation was also sought.

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