Friday, 2 December 2016

PIL: Smart City unconstitutional?

A division bench of Justice PK Jaiswal and Justice DK Paliwal while accepting an interlocutory application directed the government to file a reply to the application within two weeks.




INDORE : Questions on the constitutionality of the smart city project were raised before the Indore bench of Madhya Pradesh high court on Friday, when the PIL challenging the smart city plan was heard.

A division bench of Justice PK Jaiswal and Justice DK Paliwal while accepting an interlocutory application directed the government to file a reply to the application within two weeks.

Abhinav Dhanotkar, counsel for petitioner Tapan Bhattacharya told TOI that the application sought answers on whether the smart city plan was in accordance with Article 77 of the constitution or not.

Article 77 of the constitution states that any scheme or project announced by the cabinet or minister of urban development or even the prime minister cannot be the decision of the central government unless authenticated by an officer authorized by Business rules of Government of India.

"The identity of the person who authenticated the cabinet decision is also not clear and neither is the date when the decision was authenticated," Dhanotkar submitted.