June 3 2016, 16.32 PM IST || Pocket News Alert
Bengaluru, June, 3rd 2016:Karnataka High Court today issued notices to the State Government giving them 4 weeks’ time to respond to the Public Interest Litigation (PIL) filed by MP Rajeev Chandrasekhar and Namma Bengaluru Foundation seeking quashing of the Government Order on the formation of the Bangalore Blue Print Action Group (BBPAG) as illegal/unconstitutional and seeking a declaration that Bengaluru Metropolitan Planning Committee as the only Committee authorized for Planning of Bengaluru.
When the matter was taken up, Mr. Sajan Poovayya, Senior Advocate appearing on behalf of the Petitioners briefed the Court. Specifically, Mr. Poovayya invited the attention of the Division Bench to the establishment of the Bengaluru Metropolitan Planning Committee (pursuant to Article 243-ZE and Section 503B of the Karnataka Municipal Corporations Act, 1972) in 2014 and the constitution of the Bengaluru Blue Print Action Group recently, to advise on matters, including but not limited to infrastructure planning and other developmental initiatives.
The Counsel Mr. Poovayya further submitted that the objection to BBPAG is on account of the potential constitutional impropriety that is likely to be caused, in light of the fact that the Bengaluru Metropolitan Planning Committee, a constitutional body, has been constituted as required under law to deal with inter alia, infrastructure development.
Mr. Poovayya thereafter argued that in light of the Karnataka Municipal Corporations Act, 1972, aspects economic and social planning are fields that are occupied by the state legislature exhausting its powers to legislate and as such, an executive action (i.e., issuance of a Government Order constituting the BBPAG) would be illegal and arbitrary.
Court issues notices to government, makes oral observations on BBPAG
Upon hearing Mr. Poovayya, the Division Bench issued notice on the writ petition to all the Respondents in the matter and also directed to file a response within a period of 4 weeks. The Division Bench thereafter orally observed (without recording) that in light of the issue(s) raised in the instant writ petition, the State should ensure to clarify that typically the suggestions made through a body like BBPAG would only be recommendatory in nature and would not in any manner interfere with the functions of the MPC.
Prayers in the PIL
The prayers in the PIL filed by Rajeev Chandrasekhar, MP and Namma Bengaluru Foundation are as follows:
· Quashing of the GO NAE 97 Coordination, 2014, Bengaluru dated 28.04.2016 as being illegal and unconstitutional
· Issue of a writ of declaration or any other appropriate writ declaring that the BMPC constituted by Karnataka Government as the only Committee authorized to consider, discuss, opine on matters related to planning of the Metropolitan area of Bengaluru.
· Issue a writ directing Karnataka Govt to undertake necessary steps to call for public participation in the BMPC by making necessary amendments to the BMPC Rules 2013 in order to facilitate larger representation in the BMPC
This petition is in line with Mr. Rajeev Chandrasekhar’s fight to ensure planning must be transparent and in full view of public with an overall focus on all elements that our city and its residents face. The fulcrum of the petition is that Article 243ZE of the Constitution explicitly mandates MPC as the constitutional body for drafting development plans for the city and hence the Government must make it a priority to build up the MPC and its capacity.
About Namma Bengaluru Foundation (NBF): NBF is an organization working towards making Bengaluru a model city, with well-planned infrastructure, well laid out neighborhood community models and people-driven governance measures. NBF aims to be the voice of the people; a voice that needs to be heard in order for Bengaluru to become a truly Global City. Contact us on 080-41102757 or mail us on nbf@namma-bengaluru.org
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