VIMAL THAKUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PETITIONER claims to be an Editor of a newspaper. He has approached this Court invoking the public interest jurisdiction seeking the following reliefs:

(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) and (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: