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TMI Blog2004 (5) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... ave pointed out, the true interpretation of section 37(2) permits the State government to make necessary modifications or put conditions while granting sanction. In section 37(2), the legislature has not intended to provide for a public hearing before according sanction. The procedure for making such amendment is provided in section 37. Delegated legislation cannot be questioned for violating principles of natural justice in its making except when the statute itself provides for that requirement. Where the legislature has not chosen to provide for any notice or hearing, no one can insist upon it and it is not permissible to read natural justice into such legislative activity. Moreover, a provision for 'such inquiry as it may consider ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... objections / suggestions in accordance with section 37(1) of the Act. Subsequently the State Government sanctioned the proposed amendments. On 22-8-1995 the PMC submitted a proposal for modification of the DCR without any modification in the draft regulations. Thereafter, the State Government vide Notification dated 5-6-1997 under section 37(2) of the Act sanctioned the proposal of the modification and notified the modified DCR. It is pointed out that the proposal submitted by the PMC did not contain the words very said plot in the proposed amendment to Rule N 2.4.11. However when the sanction was granted the State Government made certain additions to the Rules and the Rule N 2.4.11 contains the word very said plot . The Floor Space Index ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the State Government shall, within sixty days from the date of such direction, publish a notice in the Official Gazette and in such other manner as may be determined by it inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification with amendments, if any, to the State Government for sanction. (1A) (1AA) (1B) (2) The State Government may, make such inquiry as it may consider necessary and after consulting the Director of Town Planning by notification in the Official Gazette, sanction the modi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unreasonable the same could be challenged. It is not the case of the Respondents herein that the proposed change is arbitrary or unreasonable. They challenged the same citing the reason that the Government is not empowered under the Act to make such changes to the modification. Making of DCR or amendment thereof are legislative functions. Therefore, section 37 has to be viewed as repository of legislative powers for effecting amendments to DCR. That legislative power of amending DCR is delegated to State Government. As we have already pointed out, the true interpretation of section 37(2) permits the State government to make necessary modifications or put conditions while granting sanction. In section 37(2), the legislature has not intended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dav and Anr. (1988) 2 SCC 351, paragraph 14). In other words, DCR have statutory force. It is also a settled position of law that there could be no 'promissory estoppel' against a statue. (A.P Pollution Control Board II v. M V Nayudu (2001) 2 SCC 62, paragraph 69, Sales Tax Officer and Another v. Shree Durga Oil Mills (1998) 1 SCC 572, paragraphs 21 and 22 and Sharma Transport v. Govt. of AP (2002) 2 SCC 188, paragraphs 13 to 24). Therefore, the High Court again went wrong by invoking the principle of 'promissory estoppel' to allow the petition filed by the Respondents herein. For the foregoing reasons, the view adopted by the High Court cannot be sustained. These appeals are allowed by setting aside the order of the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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