Kerala High Court directs State to form Metropolitan Planning Committee in Kochi as per Article 243 ZE of Constitution

The Kerala High Court recently directed the State government and its concerned authorities to finalize the urban policy that it has been working on regarding incorporation of the Metropolitan Planning Committee (MPC) for Kochi according to Article 243 ZE of the Constitution of India [Adv Richard Rajesh Kumar & Anr. v State of Kerala & Ors.]..A division bench of Chief Justice S Manikumar and Justice Murali Purushothaman also directed the concerned authorities to take immediate steps for the formation of Kochi Metropolitan Development Authority for the purpose of implementing, coordinating and supervising the orderly development of the Kochi Metropolitan area.“We direct the Chief Secretary, Secretariat, Thiruvananthapuram, the Additional Chief Secretary to the Government, Local Self Government Department, Thiruvananthapuram, and the Principal Director, Local Self Government Department, to finalize the preparation of the process already undertaken and as explained in the foregoing paragraphs of the counter affidavit filed by the 3rd respondent, and constitute the Metropolitan Planning Committee for Kochi, as mandated under Article 243ZE, and also to take immediate steps for the formation of Kochi Metropolitan Development Authority, for the purpose of implementing, coordinating and supervising the orderly development of Kochi Metropolitan area, within four months from the date of receipt of a copy of this judgment,” the Court ordered. .The Court was considering a petition filed by two natives of Kochi city who were aggrieved by the fact that there is no MPC in Kochi despite the direction under Article 243 ZE.Article 243 ZE mandates the constitution of an MPC and for preparing a draft development plan for metropolitan areas in India that have a population of more than 10 lakh.The petitioners contended that the Kochi metropolitan area qualifies the stipulation for the purpose of constitution of MPC.They argued that the State has failed to implement it in spite of the lapse of 30 years since the 74th Constitution amendment which inserted Article 243 ZE.Apart from directions to the State to constitute an MPC, the petitioners also sought directions to establish a statutory body called Kochi Metropolitan Development Authority (KMDA), for implementing, coordinating and supervising the orderly development of the Kochi region within the Kochi Metropolitan area.The State submitted through its written statement that it requires time to formulate a comprehensive urban policy regarding incorporation of the MPC without overthrowing the District Planning Committees which have been functioning in the city for the last two decades..The Court granted the State and its authorities four months’ time to formulate a MPC and also a KMDA within the Kochi Metropolitan area."Having regard to the inordinate delay, directions issued should be implemented in letter and spirit, without there being any application for extension of time," the Court added in its judgment..The petitioners were represented by advocates Sunil Jacob Jose and Amit MS.The respondents were represented by Government Pleader KR Deepa..[Read Judgment]