Petition to replace Town Planning Act

Special Correspondent

Kochi: The Kerala High Court has been approached seeking to amend or replace the Town Planning Act 1939 on the ground that many of its provisions are inconsistent with the Constitution (74th Amendment) Act and the Kerala Municipalities Act 1994. The petition was filed by a builder from Thiruvananthapuram.

The petitioner pointed out that the Constitution amendment which came into effect in 1993 inter alia mandated devolution of powers and responsibilities on municipalities by the State Legislature with respect to preparation of plans for economic development and social justice and for the implementation of development schemes.

The Kerala Municipalities Act was enacted in tune with this constitutional amendment.

‘Outdated provisions’

However, the government had not changed the provisions of the Town Planning Act.

Most of the provisions of the Act were outdated ones. The authorities should have introduced a proper scientific spatial planning rather than sticking on to the obsolete, unconstitutional scheme, the petitioner said.

The petitioner sought to declare that the schemes formulated by the State government under the Town Planning Act 1939, including the Master Plan of Thiruvananthapuram and the Detailed Town Planning Scheme of Plamoodu, had become outdated and had ceased to exist.

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