Declaration Of Rural Areas As Urban In Furtherance Of Pre-Eminent Purpose Of Delhi’s Planned Development: High Court
Case: CAMPAIGN FOR PEOPLE PARTICIPATION IN DEVELOPMENT PLANNING v. UNION OF INDIA & ANR
Coram: Acting Chief Justice Manmohan and Justice Mini Pushkarna
Case No.: W.P.(C) 5194/2017
Court Observation: “The actual act of taking a decision for urbanization of the villages in question was undertaken by the Corporation of the MCD in terms of its authority vested under Section 507 of the DMC Act, 1957, as is manifest from the documents and pleadings placed on record,”
“Therefore, when undoubtedly the decision has been taken by the Corporation in exercise of its authority in terms of Section 507 of the DMC Act, 1957, the publication of the notification in the name of Lieutenant Governor does not make the notification bad in law, since the Lieutenant Governor is the Administrator of the MCD”.
“Plain reading of Section 507 of the DMC Act, 1957 makes it clear that the power to declare any rural areas to be forming part of urban areas, vests in the Municipal Corporation. Therefore, the decision to declare any area as forming part of urban area is conferred on the Corporation. Indubitably, in the present case, the decision to declare the rural areas as part of the urban areas has been taken by the Corporation …The authority of the Corporation under Section 507 of the DMC Act, 1957 cannot be interpreted in a manner to reduce the same to the ministerial act of publication in the name of the Corporation in the Gazette Notification,”
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Declaration Of Rural Areas, Delhi High Court
