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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Punjab Regional and Town Planning and Development Act, 1995

Saturday, August 11, 2007
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Section 56(1) — Board has been authorized to declare its intention to specify any area in the State : —  

 (i) to be a regional planning area;

 (ii) a local planning area; and 

 (ii) a site for a new town. 

 An area so specified is referred to as “the planning area” — Thus what applies to a planning area such as a site for a new town, also applies to a regional planning area or a local planning area.

 
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Sections 56, 57 and 3 — It is the Board which has to, by Notification in the Official Gazette, specify an area as a regional planning area, a local planning area or a site for a new town clearly defining the limits of the area — After considering the objections and suggestions that may be received by it the Board may with or without modifications declare the area to be a planning area by Notification in the Official Gazette, and thereafter appoint a planning agency for performance of the functions related thereto — There is no provision in the Act which authorizes any other agency or authority under the Act to declare a planning area which includes the site for a new town — This function has to be performed only by the Board and that too after entertaining objections and suggestions and considering them in accordance with the Act and the Rules — Further held, not only individuals but even representatives of the departments of the State Government or the Central Government or a local authority or any other institution may submit its objections or suggestions relating to anything contained in the Notification.

 
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Sections 56, 17, 29 and 31 — The power to declare a planning area, site for a new town being one of them, vests in the Board under Section 56 which power cannot be delegated by the Board to the authorities constituted under Sections 17, 29 or 31 of the Act of 1995 — While notifying its intention to specify any area as a planning area, the Board must define the limits of the area to which it relates, meaning thereby that the area must be identifiable by reference to the definition of its limits — This is mandatory since objections and suggestions in relation thereto have to be considered by the Board. 

 
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Sections 28, 29 and 31 — Authorities constituted under Sections 28, 29 and 31, held, are not vested with power to declare a planning area by Notification in the Official Gazette, but they may be authorized to function as a Planning Agency for the planning and development of the planning area by drawing up Schemes, Master Plans, Regional Plans and other documents.

 
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Sections 17 and 31 — Neither the PUDA nor the authority constituted under Section 17 nor the New Town Planning and Development Authority constituted under Section 31 is vested with the power to declare a planning area such as a site of a new town.

 
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Section 14(2) — Selection of a site for a new town — If required by the State Government, the Board, held, is bound to select a site for a new town.

 
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Sections 3 and 14 — The Board constituted under Section 3 of the Act is a high-powered authority with the Chief Minister at its head — It is no doubt true that the Board may be called upon by the State Government to do certain things as are enumerated in sub-section (2) of Section 14, but it is equally true that even without the directions of the State Government the Board may itself perform those functions — Section 14 does say that the functions of the Board shall be to advise the State Government and to guide and direct the planning agencies and to perform such other functions as the State Government, from time to time, assign to it — This, however, should not lead to the conclusion that the Board, a statutory authority, can be ignored by the State Government altogether — It may be that the advice tendered by the Board may not be acceptable to the State Government, but that is quite different from suggesting that having regard to the overriding powers of the State Government the Board may not be consulted at all even with regard to the matters and functions which it is required to perform under the Act. 

 
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Section 14 — The functions to be performed by the Board as enumerated in Section 14 are not exhaustive, and cannot be, by the very nature of the functions to be performed by the Board — Section 14 should not be read in isolation — The other provisions of the Act have also to be read to understand the powers and authority of the Board, and one such provision is Section 56 of the Act.  

 
Punjab Regional and Town Planning and Development Act, 1995

Punjab Regional and Town Planning and Development Act, 1995 — Section 42 — The acquisition of land by invoking Section 42 is permitted only if a request is made by the authority to do so for the purposes of the authority under this Act.

 
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