[ecis2016.org] The Allahabad HC has asked the UP’s advocate general to file a reply on a PIL that seeks to declare the Uttar Pradesh Urban Planning and Development Act, 1973, as outside the ambit of the constitution
The Allahabad High Court has issued notice to the state advocate general, on a PIL challenging the Uttar Pradesh Urban Planning and Development Act, 1973 and seeking to declare the same as outside the ambit of the constitution. The bench, comprising of justice PKS Baghel and justice Pankaj Bhatia, on a public interest litigation filed by Om Dutt Singh of Prayagraj, issued notice to the advocate general and asked the state government to file its reply within six weeks.
You are reading: PIL in Allahabad HC seeks to declare UP Urban Planning and Development Act as unconstitutional
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Development authorities in various urban areas of Uttar Pradesh were formed by the Act of 1973. In the petition, it was alleged that because of the enactment of the 1973 Act, the powers of municipalities and municipal corporations, which are local governments, have been suspended and therefore, have become ineffective, even in spite of being a constitutional body. It is further alleged in the petition that by virtue of Section 59 (i) (a) of the 1973 Act, the powers of municipalities and municipal corporations have been suspended in respect of development works in urban areas of the state. The petitioner sought that the Act be declared ultra vires to the constitution.
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It was alleged by petitioner that though the 1973 Act was a temporary Act and was introduced for a limited period only, till the proper development of the concerned urban areas of state, it was still in operation and there was no report on the issue of whether the desired development/ goals were achieved or not and development authorities were functioning under the impugned Act, curtailing the power of constitutional body, i.e., municipal corporations. The case will be listed for hearing on May 10, 2019.
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