MIHIR YADUNATH THATTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By means of this writ petition, in the nature of Public Interest Litigation, the petitioner challenges the action of the State Government (Respondent No.1) under section 37 of the Maharashtra Regional Town Planning Act, 1966 (for short, 'the Town Planning Act') in excluding the plot bearing Survey No.86 (Part) Parvati admeasuring 1.75 hectares from Hill Top Hill Slope Zone (HTHS Zone) and inclusion of the same in the Residential Zone of the city of Pune.

(2.) The petitioner claims to be renowned freelance Journalist. He is Trustee Secretary of a Trust named Rashtra Seva Pratisthan. He also claims to be a Trustee of Acharya Anand Rishiji Blood Bank at Pune. He claims to be the member of the Managing Committee of an organization "Hridayankit" founded to help cardiac patients from amongst down trodden. According to him, he has all along been in the forefront in Mr. Anna Hazare's drive against corruption and has, on his behalf, led several agitations in Pune. He is resident and tax payer of the Pune Municipal Corporation.

(3.) The petitioner has set up the case that the development plan for Pune city was published in the month of September, 1982 under the Town Planning Act. That development plan provides for preservation, conservation and development of the areas of natural scenery and landscape amongst other provision; while doing so, it has made special provision in respect of HTHS Zone. The Development Control Rules (DCR) dated 5th January, 1987 stipulates that the HTHS Zone should be reserved in favour of the various department of the government for afforestation and creating recreational places. By the Government notification dated 5th June, 1997, modified DCR were made operational for Pune Municipal Corporation and thereby the additional uses like swimming pools, sports and games, health clubs, cafeteria canteen, amusement park were made permissible in the HTHS Zone providing further that the maximum floor space area shall not exceed 4% of the total plot with ground floor structure without stilts.