ANIL KUMAR BISHT vs STATE OF UTTARAKHAND AND ANOTHER

K.M. JOSEPH, C.JÂ

The writ petition is filed in alleged public interest seeking a direction to the respondent authorities to expedite execution of the master plan pertaining

to the city of Rishikesh for the period 2011-2026 as per Section 8 of the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter

referred to as the “Actâ€​) and conclude it within a timeframe to be fixed by the Court. Â

Briefly put, the case of the petitioner is as follows:

i. The public of Haridwar, Rishikesh and Dehradun is facing severe traffic jams on the highways passing through these cities. The day-to-day

problem for water supply, street lighting, drainage, sewerage, park, play grounds, car parking, medical facility, etc. are increasing in district Haridwar

as well as district Dehradun and in the city of Rishikesh due to heavy traffic and also due to increasing population. Petitioner got knowledge that the

master plan of Rishikesh expired in 2011 and no further master plan has been executed. It is complained that, though proceedings have been

initiated and steps have been taken for preparing the Rishikesh Master Plan for 2011-2026, despite expiry of more than 7 years, proceedings have not

been completed. Hence, the relief sought. Â

ii. Petitioner has referred to Section 8 of the Act, which reads as follows:

“8. Civil survey of, and master plan for the development area. - (1) The Authority shall, as soon as may be, prepare a master plan for the

development area.

(2) The master plan shall â€"Â

(a) define the various zones into which the development area may be divided for the purposes of development; and indicated the manner in which the

land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such

development shall be carried out; and

(b) serve as a basic pattern of framework within which the zonal development plans of the various zones may be prepared.

(3) The master plan may provide for any other matter which may be necessary for the proper development of the development area.â€​

iii. Therefore, it is complained that it is in violation of Section 8 that the master plan for 2011-2026 is not being finalized. Â

Today, we heard Mr. Pankaj Miglani, learned counsel for the petitioner and Mr. S.S. Chauhan, learned Deputy Advocate General for the

State. Â

We notice that, under the Act, Section 7 provides for the objects of the authority. Section 8 we have already noticed. Sub-section (2) of

Section 8 contemplates that the master plan is to define various zones into which the development area may be divided for the purpose of development

and indicate the manner in which the land in each zone is proposed to be used. It is to serve as a basic pattern of framework within which the zonal

development plans of the various zones may be prepared. Section 9 contemplates preparation of zonal development plan. Section 10 of the Act

reads as follows:

“10. Submission of plans to the State Government for approval.- In this section and in Sections 11, 12, 14 and 16 the word “plan†means the

master plan as well as the zonal development plan for a zone.

(2) Every plan shall, as may be after its preparation, be submitted by the Authority to the State Government for approval and that Government may

either approve the plan without modification or with such modifications as it may consider necessary or reject the plan with directions to the Authority

to prepare a fresh plan according to such directions.â€​  Â

The procedure to be followed in the preparation and approval of plan is contained in Section 11. It reads as follows:

“11. Procedure to be followed in the preparation and approval of Plan.- (1) Before preparing any plan finally and submitting it to the State

Government for approval, the Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection and publishing a

notice in such form and manner as may be prescribed by regulations made in that behalf inviting objections and suggestions from any person with

respect to the  draft plan before such date as may be specified in the notice.

(2) The Authority shall also give reasonable opportunity to every local authority within whose local limits and land touched by the plan is situated, to

make any representation with respect to the plan.

(3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally prepare

the plan and submit it to the State Government for its approval.

(4) Subject to the foregoing provisions of this section. the State Government may direct the Authority, to furnish such information as that

Government may require for the purpose of approving any plan submitted to it under this section.â€​

Thereafter, Section 12 provides as follows:

“12. Date of commencement of plan.- Immediately after a plan has been approved by the State Government, the Authority shall publish in such

manner as the State Government may specify, a notice stating that a plan has been approved and naming a place where a copy of the plan may be

inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice the plan shall come into operation.â€​

There can be no doubt that the preparation of the plan is a most important aspect under the Act for a planned urban development. The words

“as soon as may be†cannot be rendered meaningless by the authority not taking steps within a reasonable time to finalize the plan. In this case,

the earlier plan has come to an end in the year 2011. The plan, which is to be prepared, is contemplated for the period from 2011 to 2026. Seven

years had gone by and, going by the submission made by the learned Deputy Advocate General, even the stage under Section 11 has not been

reached, as a draft has not been published. This situation cannot be allowed to continue and a time limit has to be fixed. Â

Mr. S.S. Chauhan, learned Deputy Advocate General would submit that there were certain problems, which resulted in the delay. He would

further submit that the plan will be placed before the Government within a period of 9 months from today. Â

We record the above submission and direct that the matter will be finalized at the level of the respondent authority within 9 months from today and

it will be placed before the Government for its approval under Section 10 of the Act within a period of 9 months. We would expect the Government

to finalize the matter at the earliest having regard to the delay, which has already been caused. Â

The writ petition is disposed of as above.Â

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