Also, though the 1973 Act is a temporary Act and was introduced for a limited period only till the proper development of the concerned urban areas of state, it is still in operation.Further, there is no report on the issue that whether desired development goals were achieved or not and development authorities are functioning under said Act curtailing the power of constitutional body like municipal corporations.
Allahabad: Allahabad High Court on Wednesday issued notice to UP advocate general (AG) on a PIL that has challenged the UP Urban Planning Development Act, 1973, and requested the court to declare it as unconstitutional.By this Act, development authorities were formed in various districts of the state.Hearing a PIL filed by one Om Dutt Singh of Allahabad district, a division bench comprising Justice Pradeep Kumar Singh Baghel and Justice Pankaj Bhatia also directed the state government to file its reply within six weeks.The court fixed May 10 as the next date of hearing.In the petition, it was alleged that because of enactment of 1973 Act, the powers of municipalities, which are local self governments, have been suspended and therefore have became ineffective even being a constitutional body.It is further alleged in the petition that by virtue of Section 59(i)(a) of the 1973, the powers of municipalities and municipal corporations have been suspended in respect of development work in urban areas of the state.
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