PRAVIN CHHANNALAL SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition the petitioners have challenged the Government Notification No. TPS, 1899/606/cr139/99/ud-13, dated 27-6-2000 as ultra vires the provisions of section 37 of the Maharashtra Regional Town Planning Act (hereinafter referred to as "the Act" ).

(2.) THE facts giving rise to the present petition stated briefly are that the petitioners own certain lands in the precincts of Pune Corporation. On 5-2-1987 revised final development plan was made by Pune Municipal Corporation to which sanction was duly accorded by the State Government under section 31 of the Act. Thereafter the Government of Maharashtra directed Pune Municipal Corporation under section 37 (1) of the Act to publish the notification showing certain lands in village Ghorpadi in the map changing them from the zone of agricultural to zone of residential lands. Since the petitioners were not affected by this order under section 37 (1) no action was taken by the petitioners. Thereafter on 27-6-2000 the Government was pleased to issue said notification. While giving sanction however certain conditions were imposed by the State one of the condition was that the Director of Town Planning was to make plans, layout etc. and subject to those plans and layouts developments proposals can be sanctioned. When these conditions were imposed according to the petitioners no hearing to any person concerned was given. Exercising these powers under this condition the Director of Town Planning imposed certain reservations on the lands belonging to the petitioners. These reservations as indicated by the Director were such as will not permit development of their lands by the petitioners. Petitioners have therefore challenged this action of issue of notification dated 27-6-2000 on several grounds mentioned in the petition.

(3.) THE first submission made on behalf of the petitioners is that section 37 (2) of the Act does not contemplate delegation of powers by the State. The Government of Maharashtra therefore had no jurisdiction to delegate power of imposing any condition or levying any reservations while granting sanction under section 37 (2) to a development plan. According to the learned Counsel the words "subject to such conditions as it may be deem fit" appearing in section 37 (2) does empower Government of Maharashtra to impose certain condition while sanctioning modification. However, this right or power which enabled the State to levy conditions cannot be delegated to the Director as he has no role to play in the scheme of 37 (2 ).