DEOKISAN RAMBILAS SARDA Vs. DIRECTOR OF TOWN PLANNING

JUDGEMENT

(1.) HEARD Shri Chandurkar, learned Counsel for the petitioners and Smt. Khade, learned Assistant Government Pleader for respondents No. 1 and 2.

(2.) BY the present petition, the petitioners have challenged the Notification dated 5-1-1987 whereby the State Government has delegated its powers under section 31 of the Maharashtra Regional and Town Planning Act, 1966, to respondent No. 1 - Director of Town Planning on the ground that such delegation of powers vide section 151 of the Maharashtra Regional and Town Planning Act, 1966, is invalid.

(3.) SHRI Chandurkar, learned counsel for the petitioners states that the notification under which the Director of Town Planning - respondent No. 1 has sought to act, seeks, to confer powers on the Director at Sr. No. 5 of the notification, under section 31 of the Act, in respect of 'b' and 'c' Class municipal Councils and for the Development Plan undertaken by Zilla Parishad as a Planning Authority.