JAGJITSINGH SARDUL SINGH SADDAL Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) Heard.

(2.) We have already expressed our mind regarding ordering of an inquiry into the illegalities and irregularities noticed so far in the present case. The record and proceedings of the case have also been produced before us. The illegalities and irregularities, as noted by us earlier, are serious in nature. They point out that the provisions of law as contained in the Maharashtra Regional and Town Planning Act, 1966 and guidelines laid down by the Hon 'ble Supreme Court in it 's various judgments have not been followed by the Planning Authorities. In the case of Manohar Joshi .vs. State of Maharashtra and Others, 2012 (3) SCC 619, in paragraph 84, the Hon 'ble Supreme Court has observed that a development plan which has come into operation is binding on the Planning Authority and that a Planning Authority cannot act contrary to the D.P. Plan and grant development permission to defeat the provisions of the D.P. plan. It is further observed that it cannot also be ignored that a duty is cast on every Planning Authority specifically under Section 42 of the Act to take steps which may be necessary to carry out the provisions of the plan referred to in Chapter III of the M.R.T.P. Act, namely the development plan. These observations should be sufficient for us to order an inquiry into the issues involved in this petition.

(3.) We, therefore, direct an inquiry to be made into various illegalities and irregularities committed by the N.I.T. and N.M.C. and it 's officials while alienating the lands reserved for such public purposes as open places, play grounds and parks and gardens and granting sanctions for development of such transferred lands, even before the reservations in the D.P. plan were deleted by following the due process of law. Such inquiry would also be necessary to find out if there are any more similar lands apart from the lands involved in the present petition which have been illegally leased out by these Authorities.