HC issues notice to Advocate General of UP

The Allahabad High Court has issued notice to the state Advocate General on a PIL challenging the Uttar Pradesh Urban Planning & Development Act, 1973 and seeking to declare the same as outside the ambit of the Constitution.

Development authorities in various urban areas of Uttar Pradesh were formed by the Act of 1973.

The Bench comprising Justice PKS Baghel and Justice Pankaj Bhatia on a public interest litigation filed by Om Dutt Singh of Prayagrajissued notice to the Advocate General and asked the state government to file its reply within six weeks.

In the petition, it was alleged that because of enactment of the 1973 Act, the powers of municipalities and Municipal corporations, which are local governments, have been suspended and therefore have became ineffective even being a constitutional body.

It is further alleged in the petition that by virtue of Section 59 (i) (a) of the Act 1973, the powers of municipalities and municipal corporations have been suspended in respect of development works in urban areas of state.

The petitioner sought that the Act be declared ultra vires to the Constitution.

It was alleged by petitioner that though the 1973 Act is a temporary Act and was introduced for a limited period only till the proper development of the concerned urban areas of state, it is still in operation and there is no report on the issue that whether desired development/ goals were achieved or not and development authorities are functioning under impugned Act curtailing the power of constitutional body ie municipal corporations.

The case will be listed for hearing on May 10.