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Development plan prepared by planning authority has to be published by the State within three years under Maharashtra Regional and Town Planning Act, 1966: SC

The SC on April 17, 2020 {The Mayor Municipal Corporation. v. Govind Bajirao Navpute & Ors.} held that for the preparation of development plan, or the revised development plan, proceedings have to be initiated three years earlier to its sanction by the Government. It was held that if the draft development plan is not prepared and published in the Official Gazette, by the planning authority, within the time frame, the competent authority as prescribed under Section 21(4A) shall exercise all the powers and perform all the duties of a planning authority which may be necessary for the purpose of preparing a development plan and submitting it to the State Government for sanction.

It was observed by SC Bench comprising of Justice R. Subhash Reddy & Justice Mohan M. Shantanagoudar, that the Planning Authority has failed to perform the duty imposed upon it within the time frame as per the MRTP Act. It was observed that proceedings were initiated in the year 2013 for revising the draft development plan and for one reason or the other, the proceedings remained at the stage of preparation of draft development plan.

Further, it was held that about 114 reservations sanctioned under previous development plan were directed to be deleted and the large area around the Airport, which was maintained as a green belt, was recommended under revised plan for commercial zone.

In the present case, the civil appeals were filed before the SC, aggrieved by the judgment passed  by the High Court of Judicature at Bombay, bench at Aurangabad. By the aforesaid judgment, the High Court had allowed the Writ Petition and quashed the Notification dated 4.2.2016, by which draft development plan under Section 26(1) of the Maharashtra Regional and Town Planning Act, 1966 (in short “the MRTP Act”) was published. Further, the High Court had set aside the order dated 29.03.2016 passed by the Director of Town Planning, granting extension of time for submitting draft development plan to Government. 

It was held by the SC that having regard to findings recorded in the impugned order that huge variations are made by the planning authority while preparing the draft development plan, there is no reason to interfere with the impugned judgment. Accordingly, the civil appeals were dismissed by the SC.

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