In a public interest litigation relating to constructions along the national highway and challenging the state government’s direction to follow PDA regulations in non-PDA areas vide circular dated February 25, 2005, the Advocate General, Mr Subodh Kantak informed the High Court that as far as the said circular is concerned, the government will have no objection if the interim relief is confirmed during the pendency of the petition.

As far as other relief is concerned, the Advocate General requested for time to file appropriate affidavit on or before September 7, 2007. The petition will be heard on the point of ad interim relief on September 12, 2007.

This circular assumes significance, as it provided for continuation of the PDA regulations even in the non-PDA areas and despite the issuance of the circular, the town and country planning department in a state of uncertainty was choosing some portions of the Village Panchayat Building Rules, 1971 and some portion of the PDA regulations for approval of plans in non-PDA areas, submitted to the department.

Earlier, while granting the interim relief, the High Court had observed that the PDA regulations could not have been made applicable to non-PDA areas and it is the Panchayat Building Rules or Municipal Building Rules which would be required to be followed and not the PDA regulations sought to be imposed by virtue of the said circular.

The petition was filed inter alia challenging the relaxation granted by the state government within 40 metres of non-development zone by the state government without the approval of the central government.

The court by ad interim relief had directed various government authorities to ensure that no construction within the prohibited 40 metre Non-Development Zone be permitted and further directed to ensure that there was no temporary occupation of the highway land without due approval of the Executive Engineer, PWD XIV (NH) till the disposal of the petition