Allahabad High Court Initiates Suo Motu PIL Over Town Planning Gaps, Says Amenities Must Be Planned For Future Needs
The Allahabad High Court has initiated a suo motu Public Interest Litigation (PIL) into gaps in town planning, particularly the failure to earmark space for garbage dumping/collection and to install transformers while preparing layout plans for cities, towns, and colonies.
A Bench of Justice Rajan Roy and Justice Manjive Shukla observed that the issue requires consideration because it concerns town planning and affects the "healthy, hygienic and safe living" of residents in colonies developed by development authorities, including the Uttar Pradesh Avas Evam Vikas Parishad.
The Court directed the Registry to separately register a suo motu PIL titled "In Re - Layout Plan / Town Planning and Provision of Necessary Amenities". It directed that the matter be placed on October 16 as a fresh matter.
The bench was hearing an existing PIL concerning the cleaning of a garbage dumping spot.
During the proceedings, counsel for the Nagar Nigam pointed out a broader problem with how layout plans are prepared.
He submitted that while preparing layout plans, development authorities do not assign any space for garbage dumping/collection. Consequently, when the colonies are subsequently developed, the lack of designated space creates problems.
Counsel further submitted that no provision is made for installing transformers either. As a result, transformers are subsequently installed on roadsides, creating "a hindrance in movement and other inconvenience".
Taking note of the issue, the High Court said that it was a matter requiring consideration because it relates to town planning and provision of necessary amenities.
While directing registration of the suo motu PIL, the Court also specified the scope of the proceedings.
It said that the reference in the PIL would be the "necessary amenities / spaces to be provided while preparing a layout plan for a city or town or a colony within the city or town" and matters concerning town planning.
The Bench further emphasized that planning authorities must keep in mind the "changing needs of time" and the need to keep abreast of such needs by "anticipating the future needs also".
The Registry was directed to array several authorities as opposite parties in the suo motu proceedings.
These include the State of Uttar Pradesh through its Additional Chief Secretary/Principal Secretary, Housing and Urban Planning; Additional Chief Secretary/Principal Secretary, Urban Development; Housing Commissioner, Uttar Pradesh Avas Evam Vikas Parishad; Chief Town and Country Planner; Lucknow Development Authority through its Vice Chairman; Lucknow Municipal Corporation through its Municipal Commissioner; Uttar Pradesh Power Corporation through its Managing Director; and Madhyanchal Vidyut Vitran Nigam Ltd. through its Managing Director.