Panchayat:Repo18/Law Manual Page0225

Panchayats and the Municipalities including spatial planning. But one thing to be noticed is that even though provisions have been made in the Municipality Act, 1994 for forming various committees in tune with the Constitutional scheme, the manner and method by which they can proceed for preparing a master plan, for town Planning including spatial planning, are not detailed therein. Therefore, such procedures will have to be prescribed with more details providing for preparation of detailed schemes by way of town planning or urban planning, as the case may be, as well as integrated district development plan. - Shivaprasad V. and Others v. State of Kerala and Others - 2011 (1) KHC SN 47: 2011 (1) KLT 690 : ILR 2011 (1) Ker. 697 : 2011 (2) KLJ 1.

The Town and Country Planning Development Department has prepared a draft of the Kerala Town and Country Planning Bill, 2009 and submitted to the Government for further action. Evidently, the action in that regard has to be expedited and that too in a time bound manner and considering the emergency, so that the various provisions under the Municipality Act, 1994 can effectively be brought into operation. Shivaprasad. V. and Others v. State of Kerala and Others – 2011 (1) KHC SN 47. Editor's Note : It is most unfortunate that nothing has happened till date after the above verdict of the Hon'ble High Court during February 2011. In fact what our state lacks is thoughtful planning for sustained development. g is such an important issue which has to be given utmost priority as per the Constitutional mandate. The matter has to be taken up at the earliest. Municipality Act contains specific provisions for preparation of plans including matters specified in Xilth Schedule including provisions for urban and town planning. Municipality Act being the later Act would prevail over Town Planning Acts. - Shivaprasad V. and Others v. State of Kerala and Others - 2011 (1) KHC SN 47: 2011 (1) KLT 690 : ILR 2011 (1) Ker. 697 : 2011 (2) KLJ 1.

A. There will be a direction to the Government to address all aspects with regard to spatial planning as envisaged under Section 51(3) of the Municipality Act, 1994 and other provisions of the Act and to bring in the new legislation proposed as per the Kerala Town and Country Planning Act within a reasonable time. Shivaprasad V. and Others v. State of Kerala and Others - 2011 (1) KHC SN 47. Editor's Note : It is most unfortunate that nothing has happened till date after the above verdict of the Hon'ble High Court during February 2011. In fact what our state lacks is thoughtful planning for sustainable development. Town and Country Planning is such an important issue which has to be given utmost priority as per the Constitutional mandate. The matter has to be taken up at the earliest.

176. Entrustment of schemes to Panchayats for implementation.- (1) Notwithstanding anything contained in any law for the time being in force, the Government may, subject to the conditions as they may think fit to impose entrust, by an order published in the Gazette, to a Panchayat at any level the implementation of such schemes of economic development and social justice including the schemes related to the matters enumerated in the Eleventh Schedule to the Constitution as they think fit.

(2) Where the Government entrust a scheme under sub-section (1) to a Panchayat at any level it shall allot to that Panchayat such fund and staff as may be necessary to enable the Panchayat to implement the scheme.

176A. Control of the Panchayats over the Electrical undertakings.- The administration by the Panchayat over any Electrical undertaking intended for the generation, transmission, supply and consumption of electricity shall be subject to such restriction as prescribed which are not contrary to the *[Indian Electricity Act, 1910 (Central Act, 9 of 1910)] or the Electricity Supply Act, 1948 (Central Act 54 of 1948) or to the directions issued by the Kerala State Electricity Board from time to time and the Conditions of the licence issued by the Panchayat thereunder.