NATIONAL CENTRE FOR HUMAN SETTLEMENTS and ENVIRONMENT v. UNION OF INDIA
2005-12-09
G.B.PATTANAIK, K.G.BALAKRISHNAN
body2005
DigiLaw.ai
ORDER 1. The letter dated 4-7-2002 received from Shri M.N. Buch, Chairman, National Centre for Human Settlements and Environment, was treated as a writ petition under Article 32 of the Constitution. The grievance of the petitioner is that the notification dated 31-5~2002 putting Plot No. 30* for the C purposes of office use is illegal and the same is in contravention of the relevant provision of the Act. 2. Be it stated that Plot No. 30 was shown to be for office use in the master plans of 1962 as well as 2001. It is only on 29-10-1990 the user was shown to be green whereas Plot No. 36 was shown to be for the purpose of office use. When the Government decided to put the said Plot No. 30 for uses d of construction of office building as the headquarters of the Defence Research and Development Organisation (DRDO), in exercise of its power under the Act, objections were received and a final decision was taken pursuant to which the notification was issued on 31-5-2002. Mr Ranjit Kumar, appearing as amicus curiae for the Court indicates that Plot No. 36 which measures 9.25 acres could be conveniently earmarked for the purpose of DRDO whose requirement is 6.20 acres and in that event, there will be no necessity to alter the user of Plot No. 30 particularly when the city needs large amounts of greenery. In our opinion, the Government is the best person to decide whether a particular plot and which plot could be used for what purpose. When a challenge is made to any notification issued by any authority in exercise of its statutory powers, the court can merely examine f whether in issuance of such notification there has been any illegality or any infraction of any provision for which the court could interfere with the matter. When we examined the impugned notification of the Government dated 31-5-2002, we do not find any lacuna or infirmity therein requiring interference by this Court invoking power under Article 32 of the Constitution. We must make it clear that construction of a building for the 9 Defence Research and Development Organisation is equally important as a green pasture for the citizens. 3. Having regard to the circumstances indicated above, we see no justification in entertaining the prayer of this applicant. This writ petition accordingly stands dismissed.
We must make it clear that construction of a building for the 9 Defence Research and Development Organisation is equally important as a green pasture for the citizens. 3. Having regard to the circumstances indicated above, we see no justification in entertaining the prayer of this applicant. This writ petition accordingly stands dismissed. But, the remaining area after allotment of 6.20 acres in favour of DRDO out of Plot No. 30 should be made green. 4. Be it stated that since Plot No. 36 has been shown to be green, appropriate steps may be taken to put up greenery there also.