RAGHURAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition filed as a Public Interest Litigation (PIL) flags the issue of, the State of Uttar Pradesh (respondent no.3), State of Haryana (respondent no.4), State of Rajasthan (respondent no.5) and Government of NCT of Delhi (respondent no.6) acting in contravention of the Regional Plan drawn up by the National Capital Region Planning Board (NCRPB) constituted under the National Capital Region Planning Board Act, 1985. The petition avers that though the said State Governments are obliged to prepare their respective Sub -Regional Plan and Master Plan for the parts of their respective States covered by National Capital Region (NCR) in conformity with the Regional Plan and to thereafter only carry out development in the said parts but are going ahead and allowing development contrary to the Regional Plan, thereby defeating the very purpose of harmonious development of the NCR to save Delhi from population explosion and to avoid haphazard development. It is yet further the plea in the petition that inspite of the petitioner representing to the Chairman NCRPB and other authorities, apprising them of the development in NCR contrary to the Regional Plan, no action has been taken. The petition seeks the reliefs of, i) direction to the NCRPB to coordinate enforcement and implementation of Regional Plan and Sub -Regional Plans and bring any derogation of the provisions of the NCRPB Act committed by the said States to the notice of this Court, ii) direction to the respondents no.3 to 6 States to prepare Sub -Regional Plans in conformity with the Regional Plan as per the NCRPB Act and to take requisite approval of their Sub -Regional Plans from the NCRPB before finalizing / publishing the same; iii) direction to the respondents no.3 to 6 States to restrain them from giving effect to any Sub - Regional Plans and Master Plans not approved by NCRPB and a direction to the respondents no.3 to 6 States to ensure that no land use be changed contrary to the Regional Plan.

(2.) NOTICE of the petition was issued. Counter affidavits have been filed by the respondent no.2 NCRPB, respondent no.3 State of Uttar Pradesh, respondent no.4 State of Haryana and respondent no.5 State of Rajasthan and respondent no.6 GNCTD and to which rejoinders have been filed by the petitioner. An additional affidavit has also been filed by the respondent no.2 NCRPB. We have heard the counsels for the parties.

(3.) THE respondent no.2 NCRPB has pleaded, i) that the Regional Plan prepared by it is a broad policy document indicating inter alia the broad land uses to which the land falling in NCR can be put to, for example, urbanizable area, agriculture, green buffer etc. and within the urbanizable area which uses and functions can be carried out on the land; however it is for the participating States to draw up the exact location and the particular use / functions, the said land / area can be put to in their Master / Development Plans; the Regional Plan does not indicate exact location for any particular use and function in the urbanizable area; ii) that the participating States are to prepare their Sub -Regional Plans in conformity with the Regional Plan and containing slightly elaborated particulars; iii) thereafter the Master / Development Plans are prepared by the respective departments in the participating States in conformity with the Regional and Sub -Regional Plan for the respective towns in the NCR wherein the location of lands at micro level and their uses as allowed in the Regional Plan are indicated; iv) coordination and monitoring of the implementation of the Regional Plan, policies and proposals is being done at various levels; v) that the representations of the petitioner have been responded to and action taken thereon; vi) it is denied that it is causing development contrary to the Regional Plan; vii) that it has been pursuing with the participating States for immediate preparation of the Sub -Regional Plans; viii) that Sub -Regional Plan for the State of Uttar Pradesh sub -region had been approved; and, ix) that the Master Plan for Greater Noida was approved in compliance of the order dated 1st October, 2011 of the Allahabad High Court.