Lakshadweep Draft Regulations : Centre May Decide Whether To Accept Objections Submitted After Time-Limit, Says Kerala High Court

The Kerala High Court has allowed a Lakshadweep resident to submit his objections to the Lakshadweep Town and Country Planning Regulations 2021, beyond the deadline of May 19 set by the authorities for the submission of views/objections about the same.

However, it is for the Central Government to decide whether to accept such objections or comments after the expiry of the time-period, the bench added.

A division bench comprising Justices A Muhamed Mustaque and Dr.Kauser Edappagath directed that if the petitioner Mohammed Sadique forwards his suggestions/comments to the Administrator within two weeks from May 31, the same shall be forwarded to the Central Government.

The petitioner had approached the High Court contending that the Central Government gave only 21 days for submissions of objections/comments on the drat regulations. The draft Lakshadweep Town and Country Planning Regulations were notified on April 21. It was stipulated in the notification that members of public can submit the comments, suggestions etc within twenty one days (on or before 19/5/2021) through registered post or email.

The petitioner's lawyer, Advocates Joby Cyriac, contended that for pre-legislative consultation process, at least a period of 30 days must be given, as per the decision taken by the Committee of Secretaries under the Chairmanship of Cabinet Secretary on Pre-Legislative Consultation Policy in 2014.

The Central Government told the High Court that the the time-frame is a matter of administrative expediency and that there is no right conferred on the citizen to claim 30-day time period.

The Lakshsadweep administration informed the Court that it has till date received 593 comments, suggestions, objections etc., which have been forwarded to the Ministry of Home Affairs.

"It is for the Ministry to consider the suggestions, comments, objections etc as raised against the draft Regulations. Nothing would prevent the Ministry from entertaining any of the suggestions if it is worth consideration. It may not be proper for this Court to direct the Central Government or the Administrator to accept any suggestion or comments.However, in any system of governance, the Government would be eager to consider any such suggestion which may ultimately enable the Government to formulate their own decisions while granting approval of draft Regulations. Therefore, it is for the Central Government to consider whether any suggestions,comments or objections to be made by the petitioner or any person have to be accepted or not after the expiry of the time in the notification", the bench said in the order.

In a related news, the Kerala Legislative Assembly had passed a unanimous resolution yesterday urging the Central Government to call back the Administrator Praful Khoda Patel and to withdraw the proposed regulations, which are facing widespread protests from the island inhabitants.

Click here to read/download the judgment