--Municipal Corporation of Delhi v. Shiv Shanker, 1971 SCC (Cri) 195: AIR 1971 SC 815: 1971 CriLJ 680: 1971(1) SCC 442). So much so, the Essential Commodities Act and the Town Planning Act are referable to different entries in the Concurrent List in the Seventh Schedule. Reconciling the said two legislations in the backdrop of the objects sought to be achieved by such legislations, it can be easily noticed that it is not the intention of the Legislature to enforce the provisions of the Essential Commodities Act or any order issued thereunder in derogation of the legal effect of the legislations relatable to Town Planning. If the Town Planning Scheme lawfully notified in terms of Town Planning Act enjoins on a citizen who owns or holds an item of land to put that land only to a particular use in terms of that Act and Scheme thereunder, he cannot also be compelled under the Essential Commodities Act or any order issued thereunder, including the KLU Order to put the said piece of land to a particular use which would contradict his entitlement to use the said land in terms of the Town Planning Act and the Scheme. In this view of the matter, the KLU Order issued under the Essential Commodities Act can have an impact in an area covered by a Town Planning Scheme under the Town Planning Act, if at all, only to the extent of those lands which are identified as green strip areas or such other areas which are exclusively earmarked in the Town Planning Scheme for being put to use for cultivation. So much so, an area which is a Residential Use Zone or for that matter, any area other than the Green Strip Area under the KDTPS cannot be subjected to the KLU Order. Hence, no permission under the KLU Order is necessary for any activity of construction or use of any land in the Residential Use Zone or any other zone in the KDTPS, other than the Green Strip Area and the grant of permission under the KDTPS, for such land, cannot be made dependent upon any sanction under the KLU Order.”
