Urban Development Department has published the draft rules for the Constitution of the Metropolitan Planning Committee for the Bangalore Metropolitan Region inviting objections or suggestions. Please find below my submissions after a detailed study:
- The draft Rules have not been given adequate publicity in the Press and Media. Even till date the notification does not appear in your department’s website. I therefore request you to give wide publicity in the media including publishing on your department’s website and extend the date for receiving suggestions by 30 days.
- Sec 4(1) c of RTI Act requires you to publish all relevant facts while formulating important policies or announcing the decisions which affect public. This has not been done in this case.
- The Metropolitan Planning Area has not been defined still. It should include Bangalore Urban and Rural Districts.
- There must be sub-dividing of seats in the urban quota for representatives of Municipalities other than the BBMP falling within the MPC area. Otherwise it will be dominated by BBMP corporators only.
- As far as rural representatives are concerned only Chairpersons of Panchayats should be allowed and Deputy Chairperson cannot be allowed as per provisions of Article 243ZE (2) (b) of Constitution.
- Chief Minister and Urban Development Minister should not nominated as members of MPC because Article 243ZE (4) of the Constitution requires that the Chairperson of the MPC shall forward the development plan, as recommended by such Committee, to the Government of the State. In this case if the Chairperson is CM and UDD Minister a Member then they will be forwarding what they have decided to themselves. There is conflict of interest in this case.
- There is very limited representation to the Government of India nominees, experts in town planning, or representatives of the public and civil society.
- There is no representation given for Fire Department, Traffic Department, Police Department, BMRCL, Indian Railways, BMTC who will need to give input for proper planning. On the other hand, double representation is given to BDA since Commissioner and Chairman are nominated Members. BDA should have only one nominated person.
- There is no representation given for Army, Navy and Airforce.
10. BBMP Commissioner is not given representation.
11. There is no provision in Article 243ZE of the Constitution for the nomination of invitees to the MPC. Hence inviting MLAs and MLCs will be ultra vires the Constitution. They can be provided quota in MPC and such positions can be filled by election.
12. For accommodating above suggested members, the number of people in MPC can be increased above 30.
13. It is not clarified in the Rules as to who will be the Member Secretary of MPC.
Kindly consider above objections and suggestions before finalising the Rules.
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