GOVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The petitioner had filed a Writ Petition, No.1981/2016 challenging the draft development plan of the city of Aurangabad, published on 4/2/2016. The Writ Petition was allowed on 5/8/2016. The notification dtd. 4/2/2016 published in the official gazette relating to the draft development plan was quashed and set aside. It was declared that the planning authority (Municipal Corporation) shall be deemed to have failed to perform the duty imposed upon it by or under the provisions of the Maharashtra Regional and Town Planning Act (MRTP Act). The work remained to be done up to the stage of submission of draft development plan under Sec. 30, was directed to be completed by the concerned Divisional Joint Director or the Deputy Director of Town Planning and Valuation Department or an officer nominated by him not below the rank of Assistant Director of Town Planning. The said officer was directed to exercise all the powers and perform all the duties of planning authority which may be necessary for the purpose of preparing a development plan and submit it to the State Government for sanction.

(2.) The judgment and order passed in Writ Petition No.1981/2016 was challenged in Civil Appeal, No.2237/2020 and other connected appeals before the Supreme Court. The Hon'ble Supreme Court dismissed all those appeals and confirmed the order passed in the Writ Petition.

(3.) Since no steps towards compliance with the order passed in the Writ Petition were initiated, the present Contempt Petition has been filed.