HC dismisses PIL challenging govt’s notification deeming specific villages in rural areas as urban

New Delhi: In a recent development, the Delhi High Court has dismissed a public interest litigation(PIL) challenging the constitutional validity of a notification issued by the Delhi Government’s Department of Urban Development on May 16, 2017.

The notification declared certain villages, originally part of rural areas, to be deemed urban areas.

The court, presided over by Acting Chief Justice Manmohan and Justice Mini Pushkarna, concluded that the declaration was in line with the primary objective of planned development for the national capital. The PIL, filed by NGO Campaign for People Participation in Development Planning, contended that the Lieutenant Governor did not have the authority to issue such a notification.

According to the petitioner, this power rested with the Municipal Corporation of Delhi (MCD) under Section 507 of the Delhi Municipal Corporation Act, 1957.

However, the bench rejected this argument, asserting that “the notification was lawfully published.”

The court recognised the pressing need for housing and essential infrastructure in the face of Delhi’s burgeoning population and limited land resources. It emphasised that the decision to urbanise the villages was initiated by the MCD, as outlined in Section 507 of the DMC Act, 1957.

The Lieutenant Governor’s approval was subsequently granted, and the decision was officially published through a Gazette notification.

The court clarified that the publication in the Lieutenant Governor’s name did not diminish the MCD’s authority or compromise its decision-making process.

It emphasised that the power to declare rural areas as part of urban areas resides with the Municipal Corporation.

The court highlighted that interpreting the authority of the Corporation merely as a ministerial act of publication in the Gazette Notification would be an incorrect interpretation.

The judgment underscored the absence of procedural impropriety in publishing the impugned notification, stating, ‘No merit is found in the present petition. The same is accordingly dismissed along with the pending application.’

This decision by the Delhi High Court reinforces the significance of planned development in addressing the challenges posed by urbanisation and population growth. It clarifies the roles of administrative bodies, particularly emphasising the authority vested in the Municipal Corporation of Delhi for decisions regarding the urbanisation of specific areas. The ruling, while dismissing the PIL, establishes the legal validity of the notification and affirms the collaborative efforts to meet the evolving needs of the city in a planned and organised manner.