SHARMA, J. - (1.) THE source are the people of India and the solemn resolution is that of the people of India to constitute this ancient country India i.e. Bharat into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC through the media of a bulky document which we call the Constitution of India. THE beneficiaries are also the people of India as they had on twenty-sixth day of November, 1949 in their Constituent Assembly adopted, enacted and gave to themselves this document. THE three wings Executive, Legislature and Judiciary are trustees in whom the creators of trust have reposed absolute confidence as these trustees have undertaken to swear in the name of God or to solemnly affirm that they would bear true faith and allegiance to the Constitution of India as by law established and would do right to all manner of poeple in accordance with the Constitution and the law, without fear or favour, affection or ill will. THE object of this great trust is to secure to all citizens of India, inter alia, justice, social, economic and political, equality of status and of opportunity and to promote among them all Fraternity assuring the DIGNITY OF THE INDIVIDUAL and the unity and integrity of the Nation.
(2.) IT is fundamental in the governance of the country by the directive contained in Article 38 of the Constitution of India that the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. The State shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas or engaged in different vocations. In return of the benefit conferred to the people of India, every citizen of India has owed it as their fundamental duty inter alia to abide by the Constitution, to promote harmony and the spirit of common brotherhood, to value and preserve the rich heritage of our composite culture, to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures, to develop the scientific temper, humanism and the spirit of inquiry and reform, to safeguard public property and to adjure violence and above all to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. Adequate means to livelihood, clothings to cover body from nudeness and rough weather and a roof-shelter are basic and elementary necessities of human life. Article 39 of the Constitution lays down general principles of policy to be followed by the State by enjoining that the State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means to livelihood and that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. Article 43 directs the State Government to endeavour to secure to all workers, agricultural, industrial or otherwise, not only a minimum wage but a living wage. Above all is contained that equalizing factor which proclaims by Articles 14 & 15 the fundamental rights that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India and that the State shall not discriminate against any citizen on grounds only to religion, race, caste, sex, place of birth or any of them. Article 12 of the Constitution of India provides that in Part III of the Constitution, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. A public authority is a body which has public or statutory duties to perform and which performs those duties and carries out its transactions for the benefit of the public and not for private profit. Such an authority is not precluded from making a profit for the public benefit (see Halsbury's Laws of England 3rd Ed. Vol. 30 paragraph 1317 at p. 682). Ramana Dayaram Shetty v. International Airport Authority of India, (1) widened the judicial opinion regarding interpretation to be given to the expression "other authority" and International Airport Authority of India was held to be an "authority" falling within the meaning of "State" under Article 12. In Som Prakash Rekhi V. Union of India, (2), Krishna Iyer, J., laid down five tests and Bharat Petroleum Corporation Ltd. was held as "State". In Ajay Hasia V. Khalid Mujib Sehravardy (3), the Constitution Bench of the Supreme Court held the society which managed the Regional Engineering College at Srinagar and several others elsewhere to be "State" within the meaning of Article 12 and in limited applicability of Part III of the Constitution.
(3.) THE Jaipur Development Authority Act, 1982 (Rajasthan Act No. 25 of 1982) (for short, hereinafter, "the Act"), which received the assent of the President on 12th day of October, 1982, provided for the composition and constitution of the Jaipur Development Authority (for short, hereinafter, "the JDA") for what avowed aims and objects ? It is an Act for forming Jaipur city and certain contiguous areas into a Jaipur Region, to provide for the establishment of an Authority for the purposes of planning, co-ordinating and supervising the proper, orderly and rapid development of the Jaipur Region and of executing plans, projects and schemes for such development and to provide for matters connected therewith. For what reasons and objects the answer was given to this question in the preamble of the Act: - "Whereas Jaipur City and areas contiguous to it are being progressively developed and populated, and the necessity is being increasingly felt for forming these areas into Jaipur Region and for setting on of an Authority for the purpose of planning, co- ordinating and supervising the proper, orderly and rapid development of these areas, in which several government department, local authorities and other organisations are at present engaged within their own jurisdictions; to provide also that such authority be enabled either itself or through other authority to formulate and execute plans, projects and schemes for the development of Jaipur so that housing, community facilities, civic amenities and other infra-structure are properly created for the population of Jaipur Region in the perspective of 2001 A.D. or thereafter including the intermediate stages; and to provide for matters connected with the purposes aforesaid." Preamble was as long as the objectives were high. The substance was proper, orderly and rapid development of areas of Jaipur region so that housing, community facilities, civic amenities and other infra-structure was properly created for the population of Jaipur region (which on account of Jaipur, being the capital city of Rajasthan, is bursting) in the perspective of 2001 A.D. so that the inhabitants of this capital and well planned city of Jaipur might put their foot-steps in Twenty first century with dignity, decent standard of life and full enjoyment of leisure and social and cultural opportunities. In the composition of J.D.A. are State Minister, Chief Secretary to the Government of Rajasthan, Secretary to the Government, Urban Development and Housing Department, other Secretaries of Government, Chief Town Planner and Architectural Adviser and other high officers of the Government and it has its executive Committee. The State Government appoints to JDA, Jaipur Development Commissioner who is a member of All India Administrative Service. The State Government has power to constitute a Functional Board called as the "Jaipur Traffic Control Board. Section 16 of the Act defines the purpose and functions of JDA and they inter alia include preparing schemes and advising the concerned authorities, departments and agencies in formulating and undertaking schemes for development of agriculture, horticulture, bloriculture, forestry, dairy development, transport, communication, schooling, cultural activities, sports, medicare, tourism, enter-tainment and similar other activities and also undertaking housing activity in Jaipur Region; provided that the delineation of responsibility for housing between Rajasthan Housing Board and JDA will be made by the State Government effective from the date to be fixed by it. Urban planning including the preparation of Master Development Plan and Zonal Development plans and carrying out survey for the purpose and formulation and sanction of the projects and schemes for the development of the Jaipur Region or any part thereof and further execution of those projects and schemes are some of the important functions of JDA to secure the integrated development of the Jaipur Region. Under section 21 of the Act, JDA has power to prepare Master Development Plan for Jaipur Region and u/s. 22 simultaneously or soon thereafter Zonal Development Plan. JDA with the approval of the State Government may make modifications into the plan in order to promote planned development. State Government u/s. 28 within ten years from the date on which a plan comes into operation can direct the JDA to revise the plan. As soon as may be after a Zonal plan comes into operation as provided in section 24, the JDA may, by notification in the Official Gazette, declare any area in Jaipur Region to be a development area for the purposes of the Act. Power to require removal of unauthorised development is vested in JDA by section 32 to 35 of the Act. Section 38 of the Act states that "subject to the provisions of the Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan, may make such projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary. Section 45 of the Act provides that "where, on any representation from the Authority, it appears to the State Government that, in order to enable the Authority to perform any of its functions or to discharge any of its duties or to exercise any of its functions or to discharge any of its duties or to exercise any of its powers, or to carry out of its projects or schemes or development programmes, it is necessary that any land in any part of the Jaipur Region should be acquired, the State Government may acquire the land by publishing in the Official Gazette a notification to the effect that the State Government has decided to acquire the land in pursuance of the section. The Jaipur Region Development Fund receives contribution to be made by the State Government. Initial contribution by the State Government to the Fund was rupees one crore. The State Government may guarantee repayment of the loan raised or given by the Authority. The Accounts of the Authority are subject to audit by the Examiner, Local Fund Audit in accordance with the provisions of the Rajasthan Local Funds Act, 1954. The copy of the Annual budget approved by the Authority in respect of each financial year are required to be forwarded to the State Government. ;