Indian Express 01.02.2010
HC reprimands govt for delay in town planning scheme
Acting on a petition filed by five farmers from Surat, the Gujarat High Court recently reprimanded the state government for delay in sanctioning preliminary town planning schemes in the state.
The court of Justice M R Shah observed: “Time and again this court directed the state government and appropriate authority to see that town planning schemes are sanctioned and implemented at the earliest in the interest of the public at large. It appears that the message has not reached the appropriate authority inclusive of Chief Town Planner and the concerned department — Urban Development and Urban Housing Department.”
The petitioners approached the HC through their lawyer, K K Trivedi, after the state government did not take any decision on a preliminary town planning scheme in the area even four years after the town planning officer concerned had submitted the project to the state government for getting sanction in July 2005.
In the instance petition, the government had declared its intention to have a town planning scheme (TP Scheme No 19 at Katargam in Surat) in the concerned area in 1997. Subsequently, in July 1999, a town planning officer was appointed.
But till 2009, the government did not act on the plan submitted by the officer. Under the provisions of the Gujarat Town Planning and Urban Development Act, the state government is required to take appropriate decision within two months of getting such a report.
The HC disposed of the petition following submissions by the Assistant Government Pleader that the state government will take appropriate steps on the proposed scheme in six months.
With reference to the order, the court stated, “Any lapse on the part of the state government shall be viewed very seriously.”
