PIL seeks to repeal MMRDA’s power

The Bombay high court is slated to hear a public interest litigation on Thursday seeking to repeal power that allows the Mumbai Metropolitan Region Development Authority (MMRDA) to work as a municipality also. The petitioner has claimed this power to be illegal and unconstitutional.

Businessman and social activist Raj Kumar Awasthi has filed this PIL, claiming that as per 74th amendment (1992) of Constitution of India, there can only be one municipality.

Despite this, the state government amended section 17 of MMRDA Act in 2002 and granted powers of a municipality to MMRDA.

Aggrieved by this amendment, a resolution was passed in the general body meeting of the BMC on November 25, 2010, in which the then mayor was requested to submit representation to state government for repealing section 17 (2) of the MMRDA Act. According to that resolution this section was in direct conflict with the Constitution of India. The state government, however, turned down this request and when Mr Awasthi came to know about this fact, he filed a PIL in 2011, which is pending for hearing.

According to the petition, the term “municipality” obtained a constitutional meaning and it was defined as an institution of self-government constituted under Article 243Q.

The petition has also described in detail how a municipality works and seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipality area, known as wards. However in the MMRDA no such provisions are there, it is not a self-governing body but works under the state, it said.