Statutory procedure for Master Plan preparation precludes additional public objections once the draft reaches the Central Government.

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).

The 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.

Consequently, the Board for Enquiry and Hearing (BoEH) held a special meeting on 13.06.2022 to consider the Petitioner’s suggestions.

Following 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.

The Petitioner approached the court again, alleging that vital surveys and studies were not made public and seeking further consultation.

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.

It 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.

The 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.

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.

The 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.

The 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".

Regarding 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.

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.

No further directions were issued to the Respondents.