GOVIND BAJIRAO NAVPUTE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

(2.) Respective petitioners are questioning legality and validity of the notification dated 04.02.2016 published in the Official Gazette under Section 21(1) of the Maharashtra Regional & Town Planning Act, 1966 (for short, "the MRTP Act"), calling objections in respect of draft Development Plan prepared and published by the planning authority within a period of sixty days from the date of the order. It is recorded in the notification that in view of Section 30 of the MRTP Act, revised development plan would be submitted for approval to the State Government and before its submission to the State Government, the objections and claims would be considered.

(3.) Petitioners are also questioning general body resolution adopted by the Municipal Corporation on 28.01.2016 thereby forming and approving revised proposals and submitting the same in the nature of draft development plan and resolving to submit the same for publication to the State Government. Petitioners are also seeking to quash notification dated 04.02.2016 and the resolution adopted by the General Body of the Municipal Corporation on 28.01.2016. Petitioners are also praying for setting aside of the orders dated 29.03.2016 issued by Respondent No.3 i.e. Director of Town Planning, Pune under delegated powers exercisable by the State Government granting extension for a period of one year in exercise of powers under subsection (1) of Section 26 of the Act of 1966.