GEORGE VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) When civil administrations world over are embracing scientific spatial planning techniques to be inevitable for land use and for urban, regional, transport and environmental development, it is disquieting to see that we still confine to parochialism and to very narrow confines of interests in making Rules and Regulations to obtain legitimacy to irregularly and illegally constructed buildings and structures.

(2.) Every community requires planning systems to be executed by competent personnel supported by specific planning perspectives and to be founded on scientific institutional frame work. The perspective, actors and institutions may change over time influencing both the form and impact of developmental planning but the climacteric requirements of bettering the quality of environment, the prospects for socio-economic development and the general contentment of communities and individuals can never be lost sight of. This is because flawed or discriminatory planning would only enforce inequality between different sectors of societies and can result in severe violation of human, civil and social rights particularly when this impinges on the right to land and property and adequate using conditions.

(3.) Proper regional or spatial planning gives expression to the economic, social, cultural and ecological policies of a society and should be directed between a balance of regional development and physical organisation of space, according to an over all strategy. Most of the societies have recognised this to be the only way forward.