NARIMAN POINT ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. Learned Counsel the respondents waive service. With the consent of the learned Counsel taken up for hearing and final disposal.

(2.) IN these proceedings under Article 226 of the Constitution, the petitioners have sought to challenge in a petition filed in the public interest, a project which involves the construction of a multi storeyed car park together with a commercial complex at Nariman Point, Mumbai.

(3.) THE parcel of land in question comprises of Plot Nos. 240 and 240-A situated at Block III of the Backbay Reclamation area. By a notification dated 15th June, 1983, the State Government appointed the Mumbai Metropolitan Region Development Authority ("mmrda") as the Special Planning Authority for the undeveloped areas comprised within Blocks III, IV, V and VI of the Backbay Reclamation Scheme. That appointment came to be effected in terms of the provisions of section 40 (1) (c) of the Maharashtra Regional and Town Planning Act, 1966 ("the Act" ). By a notification dated 1st March, 1985 (and a corrigendum dated 1st July, 1986) MMRDA declared its intention to prepare a Development Plan for the aforesaid blocks. After a survey was carried out under section 25 of the Act, MMRDA as the Special Planning Authority prepared a draft Development Plan and by a notice dated 4th May, 1990 issued under section 26 of the Act invited suggestions and objections to the draft plan. The planning committee considered the suggestions and objections received and following the procedure prescribed by section 28, the draft plan was submitted to the State Government for its sanction on 8th October, 1991. The State Government by its resolution of 3rd March, 1993 returned the draft plan to MMRDA with a direction to resubmit the plan after incorporating certain modifications. MMRDA thereafter published notices on 21st and 22nd July, 1994 in the newspapers and resubmitted the draft development plan on 23rd September, 1994 for the sanction of the Government. Eventually, by notifications dated 3rd June, 2000 and 17th June, 2001, the Government of Maharashtra sanctioned the draft development plan for the Backbay Reclamation Scheme comprised within the aforesaid blocks, in exercise of powers conferred by section 31 of the Act. The Government appointed 24th July, 2000 as the date on which the sanctioned development plan would come into force and 19th April, 2001 as the date on which a schedule of modifications would come into force.