TMI Blog1994 (11) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;the PSS'), was earmarked for open spaces. The Government, on April 3, 1991, sanctioned for the allotment of the land to PSS on payment of the price at the rates specified therein. It would also appear that PSS had paid the price on April 18, 1991 and had obtained sanction on December 18, 1992 for construction of Dharamshala. It is the case of the appellants that PSS started construction in the month of July, 1992 and immediately on becoming aware of it, they filed the writ petition on July 18, 1993 and sought for ad-interim injunction. But the High Court declined to grant an injunction. By the order dated January 7, 1994, the High Court dismissed the Writ Petition No. 9019/93. Thus this appeal by special leave. It is contended by Shri Jitendra Sharma, the learned senior counsel for the appellants, that the purpose of the Scheme was to reserve the land in question for open spaces for the better sanitation, environment and the recreational purposes of the residents in the locality. The government had no power to lease out the land to PSS. Though the construction of Dharamshala may be a public purpose, the government cannot give any direction to the Municipality to permit the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claration of United Nations on Human Environment, 1972, reads its Principle No. 1, inter alia, thus: Man has the fundamental right to freedom, equality and adequate conditions of life. In an environment of equality that permits a life of dignity and well-being and he bears a solemn responsibility to protect and improve the environment for present and future generations. The Declaration, therefore, affirms both aspects of environment, the natural and the man-made and the protection is essential to his well-being and to the enjoyment of basic human rights, i.e. the right to life itself. The right to have living atmosphere congenial to human existence is a right to life. The Declaration, therefore, says that in the developing countries, most of the environmental problems are caused by under developments. The Declaration suggests recourse to safe actions with prudent care for ecological balance. It is necessary to avoid massive and irreversible harm to the earthly environment and strive for achieving a better life for the present generation and posterity in an environment more in keeping with their needs and hopes. The affirmative declaration in Principle No. 1 (supra) enjoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme providing environmental and sanitary amenities and obtain sanction from the competent authority to provide, preserve and protect parks, open lands, sanitation, roads, sewage, etc. to maintain ecological balance with hygienic atmosphere not only to the present residents in the locality but also to the future generation. The lands vested in section 61 (c) of the Act should be used for the purposes envisaged therein. We do not agree with the appellants for non-user of open land by the Municipality for more than two decades, the land stood divested from the Municipality and vested in them. Yet the Municipality has to use the land for the purposes envisaged in the Scheme read with those found in section 61 unless unavoidable compelling public purpose require change of user. Take a case where in the zonal plan certain land is marked out and reserved for park or recreational purpose. It cannot be acquired or allotted for building purpose though housing is public purpose. Section 66 gives power to the Municipality to transfer any of the lands vested in it to the government in accordance with the provisions of the Act but they will be subject to section 64 thereof and other related p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ease out in favour of the private trust and consequential effect emanating from the user of the land reserved for public purpose or to any other purpose. In para 23 of the judgment, this Court held that the Scheme is meant for the reasonable accomplishment of the statutory object which is to promote the orderly development of the city of Bangalore and adjoining areas and to preserve open spaces by reserving public parks and playgrounds with a view to protecting the residents from ill-effects of urbanisation. It meant for the development of the city in a way that maximum space is provided for the benefit of me public at large for recreation, enjoyment, ventilation and fresh air. The statutory object is to promote the healthy growth and development of the city of Bangalore and the areas adjacent thereto. The legislative intent has always been the promotion and enhancement of the quality of life by preservation of the character and desirable aesthetic features of the city. The subsequent amendments are not a deviation from or attention of the original legislative intent but only an elucidation or affirmation of the same. In paragraph 25 of the judgment, this Court further held that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The ratio to Yogendra Pal v. Municipality, Bhatinda, [1994] 5 SCC 709, relied on by Shri V.C. Mahajan renders little assistance to the respondents. In that case, this Court, while declaring section 203 of the Haryana Municipality Act, 1973, as violative of Article 14 of the Constitution, has given effect to the judgment prospectively. The reasons given in the judgment are eloquent. The Municipalities in Punjab and Haryana States have acquired vast extents of land under different schemes and the lands stood vested in the municipality and used the land for diverse purposes. The declaration would be rendered illegal unless the prospective operation was given. A chaos would ensue. To obviate such a catastrophe, this Court had made the operation of the declaration prospective. That is not the situation in this case. It is seen that as soon as the appellants have become aware of the grant made in favour of PSS, they filed the writ petition. Instead of awaiting the decision on merits, PSS proceeded with the construction in post-haste and expended the money on the construction. They have deliberately chosen to take a risk. Therefore, we do not think that it would be a case to validate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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