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JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at Allahabad Dated-21.10....http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.doPage 116 of 19710/21/2011"STATEMENT OF OBJECTS AND REASONSThe objective of the Delhi Development Act, 1957 (61 of 1957) was to promote and to secure the development ofDelhi in accordance with the Master Plan and Zonal Development Plans. The Master Plan approved by theCentral Government in 1962, recommended that the plan for planning the metropolis could not be consideredcomplete without its metropolitan regional dimensions; it highlighted among other things the need for integratedplanning and co-ordinating, development of the Delhi Metropolitan Area and the National Capital Region toachieve an orderly and balanced growth of Delhi and its surrounding areas. Taking cognizance of thisrecommendation in the Master Plan for Delhi, Government of India had set up a High Powered Board in 1961 forthe co-ordination of the regional planning activities in the National Capital Region so as to secure thecollaboration of the State Governments concerned in the formulation and the implementation of regional plan.This Board, being only advisory in its capacity, could not effectively tackle the programme of preparation andimplementation of the regional plan. In 1980 it was decided that the National Capital Region concept should berevitalised and the regioin as a whole should be taken up for co-ordinated development. An agreement wasreached in August, 1982, between the Chief Ministers of the States of Uttar Pradesh, Haryana and Rajasthan andLt. Governor of Delhi on the one hand and the Union Minister of Works and Housing on the other on the need fora coordinating statutory machinery at the central level for the planning monitoring and development of theNational Capital Region and also of need for the harmonised policy for land-uses and other infrastructure to avoidhaphazard developments in the region.2. The Bill seeks to replace the aforesaid High Powered Board by a statutory Board, to be known as the NationalCapital Region Planning Board, which shall consist of the Union Minister of Works and Housing as its Chairman,the Administrator of Union territory of Delhi, the Chief Ministers of the States of Haryana, Uttar Pradesh andRajasthan and 11 other members to be nominated by the Central Government in consultation with theparticipating States and Union territory of Delhi.While the objects of the statutory Planning Board would be the preparation, modification, revision and review of aregional plan for the development of the National Capital Region and also for the preparation of functional plansfor the proper guidance of the participating States and the Union territory of Delhi, the power to prepare subregionalplan and project plan shall remain with the participating States and the Union territory of Delhi.The functions of the Planning Board would also include the power to co-ordinate and monitor the implementationof the regional plan and the power to evolve harmonised policy for the control of land-users and development ofinfrastructure in the National Capital Region so as to avoid any haphazard development of the region.With a view to enabling the Planning Board to discharge its functions, the Bill provides for the establishment ofPlanning Committee consisting of the officers and town planners of the participating States and the UnionTerritory of Delhi, to assist the Planning Board to discharge its functions.The Bill also contains the provisions which are necessary to give effect to the aforesaid objects."NCRPB Act, 1985 contains following preamble which also throws considerable light on the object and reasons ofthe NCRPB Act, 1985:"An Act to provide for the constitution of a Planning Board for the preparation of a plan for the development of theNational Capital Region and for coordinating and monitoring the implementation of such plan and for evolvingharmonized policies for the control of land-uses and development of infrastructure in the National Capital Regionso as to avoid any haphazard development of that region and for matters connected therewith or incidentalthereto.Whereas it is expedient in the public interest to provide for the constitution of a Planning Board for the preparationof a plan for the development of the National Capital Region and for coordinating and monitoring theimplementation of such plan and for evolving harmonized policies for the control of land-uses and development ofinfrastructure in the National Capital Region so as to avoid any haphazard development thereof ;And whereas Parliament has no power to make laws for the States with respect to any of the matters aforesaid,except as provided in articles 249 and 250 of the Constitution;And whereas in pursuance of the provisions of clause (1) of article 252 of the Constitution, resolutions have beenpassed by all the Houses of the Legislatures of the States of Haryana, Rajasthan and Uttar Pradesh to the effectthat the matters aforesaid should be regulated in those States by Parliament by law;
JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at Allahabad Dated-21.10....http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.doPage 117 of 19710/21/2011Be it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows :-"Now, a quick look on the scheme of NCRP Board Act, 1985 is needed. The NCRPB Act, 1985 is constitutedunder Section 3. A planning committee is constituted by the Board for assisting the Board for discharge of itsfunction.Section 7 of the NCRPB Act, 1985 defines Functions and Power of the Board and of the Committee whereasSection 8 defines the Powers of the Board. Sections 7 and 8 are quoted below:"7. FUNCTIONS AND POWERS OF THE BOARD AND OF THE COMMITTEEFunctions of the Board.- The functions of the Board shall be -(a) to prepare the Regional Plan and the Functional Plans ;(b) to arrange for the preparation of Sub-Regional Plans and Project Plans by each of the participating States andthe Union territory;(c) to co-ordinate the enforcement and implementation of the Regional Plan,Functional Plans, Sub-Regional Plansand Project Plans through the participating States and the Union territory ;(d) to ensure proper and systematic programming by the participating States and the Union territory in regard toproject formulation, determination of priorities in the National Capital Region or sub-regions and phasing ofdevelopment of the National Capital Region in accordance with stages indicated in the Regional Plan ;(e) to arrange for, and oversee, the financing of selected development projects. In the National Capital Regionthrough Central and State Plan funds and other sources of revenue.8.Powers of the Board.- The powers of the Board shall include the powers to -(a) call for reports and information from the participating States and the Union territory with regard to preparation,enforcement and implementation of Functional Plans and Sub-regional Plans ;(b) ensure that the preparation, enforcement and implementation of Functional Plan or Sub-Regional Plan, as thecase may be, is in conformity with the Regional Plan ;(c)indicate the stages for the implementation of the Regional Plan ;(d) review the implementation of the Regional Plan, Functional Plan, Sub-Regional Plan and Project Plan ;(e) select and approve comprehensive projects, call for priority development and provide such assistance for theimplementation of those projects as the Board may deem fit ;(f) select, in consultation with the State Government concerned, any urban areas, outside the National CapitalRegion having regard to its location, population and potential for growth, which may be developed in order toachieve the objectives of the Regional Plan ; and(g) entrust to the Committee such other functions as it may consider necessary to carry out the provisions of thisAct.Functions of the Committee."Section 9 of the NCRPB Act, 1985 deals with The functions of the Committee. Section 9 is quoted below:"9. (1) The functions of the Committee shall be to assist the Board in -(a) the preparation and co-coordinated implementation of the Regional Plan and the Functional Plans ; and(b) scrutinizing the Sub-Regional Plans and all Project Plans to ensure that the same are in conformity with theRegional Plan.(2) The Committee may also make such recommendation to the Board as it may think necessary to amend or
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