Facts
The Petitioner, a society named Sajha Manch, filed a Public Interest Litigation (PIL) seeking a mandamus to compel the Delhi Development Authority (DDA) to conduct physical hearings for stakeholders and redraft the Draft Master Plan for Delhi-2041 (MPD-2041).
Source reference: p. 1-2The Petitioner previously filed W.P.(C) 3578/2022, which was disposed of on 02.03.2022 with a direction to treat the petition as a representation.
Source reference: p. 3Consequently, the Board for Enquiry and Hearing (BoEH) held a special meeting on 13.06.2022 to consider the Petitioner’s suggestions.
Source reference: p. 3Following this, the DDA approved the modified draft on 28.02.2023 and forwarded it to the Ministry of Housing and Urban Affairs on 13.04.2023 for final notification.
Source reference: p. 3The Petitioner approached the court again, alleging that vital surveys and studies were not made public and seeking further consultation.
Source reference: p. 2-3Issues
Whether the Court can grant additional opportunities for public objections/suggestions after the statutory process for the Draft Master Plan has concluded and the plan has been submitted for Central Government approval.
Source reference: p. 9-10Whether the DDA followed the prescribed statutory procedure under the Delhi Development Act, 1957, and the 1959 Rules regarding public participation.
Source reference: p. 10Law Applied
The Court applied Sections 7, 9, 10, and 11 of the Delhi Development Act, 1957, which govern the preparation, submission, and approval of Master Plans.
Source reference: p. 6-8It further relied on Rules 5, 8, 9, 10, and 11 of the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959, which prescribe the mandatory procedure for publishing notices, inviting objections within 90 days, appointing a Board for Enquiry and Hearing, and submitting the final draft to the Central Government for approval.
Source reference: p. 8-9The core principle derived is that once the statutory window for objections closes and the draft is submitted to the Central Government, the Court cannot bypass the legislative scheme to grant further hearings.
Source reference: p. 10Reasoning
The Court observed that the DDA had already complied with the statutory requirements and the previous court order dated 02.03.2022 by considering the Petitioner’s representation through a special BoEH meeting on 13.06.2022.
Source reference: p. 3, 10The Court reasoned that the Master Plan process has distinct stages; since the DDA has already finalized the draft and forwarded it to the Central Government under Section 9(2) of the Act, the matter is now within the domain of the Central Government.
Source reference: p. 10The Court found that allowing the Petitioner or the general public to raise new objections at this late stage would be "in violation of the scheme as envisaged under the Act and the Rules".
Source reference: p. 10Regarding the non-publication of surveys, the Court noted that the Central Government possesses the power to modify or reject the plan under Section 9(2) if it finds deficiencies.
Source reference: p. 11Holding
The Court dismissed the Writ Petition, holding that granting the relief sought would inappropriately interfere with the statutory scheme for preparing and approving the Master Plan.
The Court clarified that the draft plan is currently awaiting Central Government approval, which has the authority to approve, modify, or reject it per Section 9(2) of the Act.
Source reference: p. 10-11No further directions were issued to the Respondents.
Source reference: p. 11Original Court PDF
Sajha Manch v. Delhi Development Authority & Anr. [W.P.(C) 4592/2023 & CM APPL. 17550/2023]
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