TITLE : Sandeep Thakur v State of Maharashtra
CORAM : Hon’ble Chief Justice Devendra Kumar Upadhyaya and Justice Arif S.Doctor
DATE : 22nd December, 2023
CITATION : PIL No. 123 of 2016
FACTS
A PIL was filed expressing concerns about the parking spaces as laid down in the Unified Development Control And Promotion Regulations. As per the guidelines it gives powers to the authorities to increase the parking requirements by modifying the existing regulations. The contentions is that the state government has acted arbitrarily rendering the provisions of UDCPR null and void. The opposing counsel held that the UDCPR is a subordinate legislation and that it does not violate the provisions of the constitution. In the prayer of PIL, it wished that the court direct Navi Mumbai Municipal Corporation (NNMC) to revise the norms for parking spaces based on the data of ownership of vehicles and density. The state argued that the laws has been modified through the Maharashtra Regional And Town Planning Act.
LAWS INVOLVED
Section 37(1aa) of MRTP act gives the power to the state government to modify any act or legislation in the matter of public interest through the virtue of a notification published in the official gazette.
ISSUES
Whether the UDCPR is unconstitutional and arbitrary?
JUDGEMENT
The court held that a subordinate legislation is not as immune from the challenge of a statute. It can be questioned on the grounds available for questioning or challenging an act of legislation. Subordinate legislation can be challenged on the ground of being contrary to any act of parliament or through a ground of unreasonableness. Such unreasonableness should be in the sense of arbitrariness and not just reasonability.
It is presumed that a subordinate legislation is constitutional and it is the duty of the petitioners to prove the unconstitutionality of it. The court stated that the previous PIL judgement on the same issue noticed that there is a need for better parking spaces.
The court directed NMMC to take a better look on the need to have better parking spaces as per the provisions of UDCPR.
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Written by- Sanjana Ravichandran
