The Delhi High Court on Thursday admitted writ petitions challenging the constitutional validity of the central government’s power under the Delhi Municipal Corporation Act to regulate and control building construction and land use in the city.

The petition was filed by the Society for Safe Structures and H.R. Suri, former President of Institute of Town Planners (India).

The counsel Anil K. Aggarwal contended since the constitution has been amended in 1992, to accord constitutional status of local self government to the municipalities at the III tier of democratic governance in the Country and powers have been devolved upon the elected municipalities to regulate land use and building construction as matters of local affairs forming part of their constitutional obligation, the Central Government has been left with no role to play in this regard.

He further added that the central government had accepted the Supreme Court judgment of 2004 which said that matters enumerated under Schedule XII of the Constitution are constitutional obligations and responsibilities of the elected MCD. So the central government has no justification to usurp the constitutional powers of the elected Municipality.

While directing the central government to file its response within eight weeks, the Chief Justice Bench of Delhi High court admitted the PIL is challenging the validity of section 330A and 345A of the DMC Act which empowers the central government to regulate building constructions in Delhi and to frame building bye-laws.

Taking prime facie cognizance of the constitutional provisions and the Supreme Court’s judgment, and in view of the gravity of the matter, the High Court permitted the Society to move an application for early hearing once the reply from the Central Government is received after 12 weeks.