SANDEEP SHARADCHANDRA THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN view of the Judgment and Order dated 2nd May, 2014 passed by the Apex Court in Civil Appeal No.5026 of 2014 under which a timebound schedule has been fixed for the disposal of the Public Interest Litigation, we have given priority to the hearing of these Petitions.

(2.) THE Navi Mumbai Municipal Corporation, the second Respondent in both the Petitions which is the Planning Authority within the meaning of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act") passed a resolution in its General Body Meeting held on 28th March, 2006 for initiating a process under subsection (1) of section 37 of the MRTP Act for the purposes of grant of approval to the Draft Development Regulations, 1994 (inclusive of amendments made upto the year 2006). The admitted position is that in the draft Regulations which were placed before the General Body of the second Respondent Municipal Corporation and which were approved in the meeting, the Regulation Nos.16.4.12 and 16.4.13 were admittedly not included. The shocking fact which leads to filing of the Public Interest Litigation is that even as of today, the second Respondent - Municipal Corporation has not given any explanation as to who actually inserted the Regulation Nos.16.4.12 and 16.4.13 (for short "the disputed Regulations") in the draft which was actually published in the Official Gazette in accordance with subsection (1) of section 37 of the MRTP Act. The challenge in this Petition is to the ultimate sanction granted by the State Government in exercise of powers under subsection (2) of section 37 of the MRTP Act to the disputed Regulations.

(3.) WITH a view to appreciate the submissions made across the bar, it will be necessary to make a reference to the material factual aspects.