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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 124 of 19710/21/2011to effect changes therein. It is reiterated that the Metro centre of Greater Noida and Noida have clearly beendemarcated in the NCR Plan-2021 but the land use within the area of the Authority is to be demarcated fixed bythe Authority concerned.7.That, Development Plan of the respondent Authority has been duly published and is a public document. It isincorrect on the part of the petitioners to state that there is no Development Plan made by the GNIDA. It is whollyincorrect on the part of the petitioners to allege that the city of Greater Noida has no approval of the NationalCapital Regional Planning Board. Further legal submissions with regard to the provisions of law shall be advancedat the time of hearing.8.That after the acquisition, the land was developed and demarcated in accordance with the Master Plan-2021has been clearly stated in the Counter Affidavit filed on behalf of the Authority. The petitioners ought to havepointed out this while making (an incorrect) submission that there is no plan. It is clarified that land use is fixedsectorwise and not village wise. Therefore, the land use percentage is taken of the city as a whole and not villagewise. The village boundaries, for the purpose of planning and its implementation looses its colour as theDevelopment is done as per the demarcated sector."While hearing all the matters by our order dated 22/9/2011 following order was passed:"Learned counsel for the petitioners submit that although the original records of the State Government have beendirected to be produced but since no orders have been passed for producing the original records of the authority,hence an appropriate order may be passed so that original records may be available for perusal of the Court. Inview of the aforesaid,we direct that Greater NOIDA authority/ NOIDA authority shall also produce original recordspertaining to the decisions taken by the authority, preparation of plan as per 1991 Regulations and the variousallotments made in different villages with regard to which land has been acquired."Authority in pursuance of the aforesaid directions has submitted original records being File No.M-II,V and VIPlanning and Architecture.The Booklet of Regional Plan-2021 (Published in September 2005 of National Capital Regional Planning Board)has also been submitted by Shri Ramendra Pratap Singh, learned counsel appearing for the Authority.Before we refer to the original files of Planning and Architecture submitted by Noida Authority, it is useful to referto certain features of Regional Plan-2021.Part 17 of the Book contains Regional Land uses. It is relevant to note that National Capital Regional PlanningBoard has relied on two Division Bench judgments of this Court which were dealt with regard to Planning andDevelopment and the Division Bench judgments noticed by the Board was to the following effect:-"Land uses cannot be changed except with the tacit permission and close scrutiny of the National CapitalRegional Planning Board."Paragraph 17.1.2 of the chapter is quoted below:"17.1.2 Legal Status of Regional Land UseThe Regional Plan-2001 of NCR was prepared with the active participation, inputs and guidance by theconcerned Central Ministries and participating State Governments through their departmental experts, and wasapproved on November 3, 1988. This Plan came into force from January 23, 1989. The actual implementation ofthe Regional Plan policies is being undertaken by the concerned Central Ministries and participating StateGovernments through their various departments.The Allahabad High Court, while going through the various Plan-enabling provisions under the NCRPB Act, 1985,considered the Regional Plan a major instrument of development. In a judgment dated 18.12.1998 in the CivilMisc. Petition No.13899 of 1998, it observed:"The National Capital Region Plan Act, 1985 is a central legislation. The intention of this central legislation is todecongest Delhi, and yet retain the conforming uses of agriculture and greens, and to harmoniously coordinateand monitor industry and urbanisation without compromising with the conforming area and usage..........""...........land uses cannot be changed except with the tacit permission and close scrutiny of the National CapitalRegion Planning Board.....Development of industry or urbanisation by purchase of land reserved for conforming
JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at Allahabad Dated-21.10....http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.doPage 125 of 19710/21/2011uses of agriculture, forests or greens within the area eclipsed by the National Capital Region, is prohibited.whatever development is permissible must be strictly monitored under the National Capital Region Plan Act, 1985by the authorities named ad constituted under it."In the judgment dated 01.10.1996 in Civil Misc. Writ Petition No.26737 of 1993, the Hon'ble Allahabad High Courtobserved:".....One stipulation is inescapable that unless the National Capital Region Planning Board gives the green signalnothing can go ahead. The necessary implication of this is also that at every stage in reference to the plans,aforesaid, constituent State a part of the National Capital Region Plan has to keep a close consultation with, thefederal agency which is the Board.........""........Thus, to permit aspects, in context, to be examined by the Board, the Court adjourns these proceedings fora period of two months to enable the Board to approve, review, consult, affirm or confirm the plans which are thesubject-matters of these writ petitions in total freedom notwithstanding that a notification has been issued foracquisition of land by the State of Uttar Pradesh or for that matter that these proceedings are pending before theHigh Court. The only guidance which this Court gives to the Board is to give effect to the intentions of the Act cocoordinating,monitoring and scrutinising the implementation of the plans and for harmoniously building urbanplanning with excellence without disturbing the ecological balance of nature and by respecting the green cover,agriculture and not abdicating either in favour of urbanisation but with a dedicated effort to respect the forests andstrive to retain the balance of nature and ecology and at every given occasion not loosing the perspective in so faras the Board it concerned in these matters, of the fundamental duties as enshrined in Article 51A (g) (h) and (j)read with 48A of the Constitution of India............"At this juncture, it is also relevant to consider the relevant paragraph which has been referred to by Shri RavindraKumar, learned counsel appearing for the authority claiming that the land use according to the Master Plan is inthe domain of the Authority itself which have been left free in this regard.Paragraphs 17.5 and 17.5.1 (a) which are relevant are quoted below:"17.5 ZONING REGULATIONSKeeping in view rapid urbanisation, environmental degradation and to ensure orderly development in the region, alegislative tool in the form of Zoning Regulation is required. In view of this, four broad zones have been identifiedfor application of strict land use control ad development and enabling preparation for detailed Plans such as Subregional/Master/LocalArea Plans. The elaboration of the land use details and zoning regulations would beincorporated in the Sub-regional Plans ad Mas/Development Plans by the respective State Governments. Fourbroad zones and major activities/uses permitted in these zones are given below:17.5.1 Controlled/Development/Regulated Zone(a) Urbanisable Areas (including existing built-up/urban areas)Within the urbanisable area proposed in the Master/Development Plan of the respective town, the functions anduses designated as under be continued:i)Residentialii) Commercialiii) Industrialiv) Government offices, public and semi-publicv) Recreationalvi) Utility Servicesvii) Transport and communicationsviii) Open spaces, parks and playgroundsix) Graveyards/cemeteries and burning ghatsx) Man-made heritage areasxi) Natural heritage areas/eco-sensitive areas/conservation areasThe local authority according to the prescribes uses in the Master/Development Plans will govern detailed landuses within the urbanisable area. The Master/Development Plans of all the towns will be prepared within theframework of the Regional Plan-2021 and Sub-regional Plans. In case any amendment is required in the acts toimplement the policies of Regional Plan-2021 that be done by the respective State Governments appropriately".
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