MADAN PARMALIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner has filed this writ petition under Article 226 of the constitution as a Public Interest Litigation for declaring the provisions of sections 14, 15,17-A, 18 and 23-A of the Madhya Pradesh Nagar Tatha Gram nivesh Adhiniyam, 1973 (for short 'the Adhiniyam') as ultra vires the constitution.

(2.) THIS writ petition was heard alongwith W. P. No. 13753/-2006 in which we have delivered a separate judgment today holding that the provisions of Sections 14, 16, 17-A, 18 and 20 of the Adhiniyam are not ultra vires the constitution. In this writ petition, however, the petitioner has taken same additional grounds and hence this separate judgment.

(3.) MR. Vivek Dalai, learned Counsel for the petitioner submitted that under Section 14 of the Adhiniyam power has been vested in the Director Town and Country Planning (for short 'the Director') to prepare the development plan. He submitted that Article 243-W of the Constitution provides that subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the Municipalities with powers in relation to matters listed in Twelfth schedule of the Constitution which includes town planning. He submitted that section 14 of the Adhiniyam which vests the power of preparing a development plan on the Director instead of the Municipalities is thus ultra vires Article 243-W of the Constitution.