Situation Would Be Chaotic If Policies Of Elected Bodies Are To Be Superceded By Ideals Of Each Individual: SC [Read Judgment]

“The policies formulated and the legislations made, unless they fall foul of the Constitution of India, cannot be interfered with, at the behest of the appellants.”

Perspective of individuals may vary, but if the elected bodies which have policy formulation powers, is to be superseded by the ideals of each individual, the situation would be chaotic, the Supreme Court has observed while it dismissed an appeal filed by the Janhit Manch.

Before the Bombay High Court, the NGO had challenged the regulations giving discretionary powers given to the Municipal Commissioner of the Brihanmumbai Municipal Corporation. It had also raised the issue of granting transferable development right to builders to be used in the suburbs of Mumbai, by permitting an increase of floor space index. The high court had also issued some important directions in the writ petition. Still the NGO had approached the apex court.

The bench comprising CJI Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph queried the president of the NGO, who had appeared in person, as to why he preferred SLP against the Bombay HC order, even though it had issued many directions in the writ petition.

Before the bench, he mooted for a post-approval impact assessment on the environment and not only a prior environment impact assessment of the DCR. He also submitted, among other things, that there was no genuine endeavor to provide alternative accommodation to slum dwellers, but it was only voted bank politics.

Responding to this, the bench said: “We have to keep in mind the principles of separation of powers. The elected government of the day, which has the mandate of the people, is to take care of policy matters. There is a democratic structure at different levels, starting from the level of Village Panchayats, Nagar Palikas, Municipal Authorities, Legislative Assemblies and the elected Parliament; each of them has a role to perform. In aspects, as presented in the instant case, a consultative process is always helpful, and is one which has already been undertaken. The philosophy of appellant no.2 cannot be transmitted as a mandatory policy of the government, which is what would happen were a mandamus to be issued on the prayers made.”

Dismissing the appeal, the court further observed: “The policies formulated and the legislations made, unless they fall foul of the Constitution of India, cannot be interfered with, at the behest of the appellants. The appellants have completely missed this point.”