CHANDRAKANT UTTAM KOLEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners seek to challenge the Mahalunge-Maan Preliminary Town Planning Scheme No.1 sanctioned under Sec. 86(1)(a) of the Maharashtra Regional and Town Planning Act, 1966 (for short 'the Act'). The petitioners further seek to challenge the Mahalunge-Maan final town planning scheme, prepared by an Arbitrator under Sec. 72(6) of the Act. The petitioners claim they were denied compensation for their lands acquired for public purposes under the Scheme. It is the contention of the petitioners that the acquisition should have followed the procedure outlined in either the Act or the Right to Fair Compensation, Rehabilitation and Resettlement in Land Acquisition Act, 2013 and that compensation should have been paid to the land owners.

(2.) It is the case of the petitioners that the Pune Metropolitan Region consists of the important cities of Pune and Pimpri Chinchwad, as well as seven Municipal Councils, including Lonavala Hill Station, Nagar Panchayat of Vadgaon Maval and three Cantonment Boards; Khadki, Dehu and Pune. Additionally, it covers 842 villages and has a population of 7.5 million, according to the 2011 census.

(3.) Mahalunge and Maan villages are located within the Pune Metropolitan Region near the rapidly growing IT park at Hinjewadi. They are also adjacent to the Pune Municipal Corporation boundary and the Mumbai Bangalore Highway. Despite their high potential, they have remained underdeveloped due to their classification as agricultural or no development zones in the existing regional development plan.