RUSY KAPADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition by public spirited persons is directed against a Notification dated 12th February 1993 dereserving an area admeasuring 1. 50 acre of land from the Plot No.438 of the area known as Salisbury park within the municipal limits of Pune Corporation. Undisputedly, to promote amenities congenial to the environment is an essence of the Town Planning and an obligation on the authorities charged under the statutory obligation. Public interest is undisputedly involved in such functioning of the authority. The petitioners are the residents of the area described as Salisbury Park. They are intimately connected with the action of dereservation by impugned Notification referred to above. The challenge before us as put forth by them is on numerous grounds amongst other, the mala fide action of the Planning Authority and the State Government, lack of good faith, arbitrariness and action motivated for a collateral purpose. The facts precisely for our decision to appreciate the contentions are thus :

(2.) SOMETIME on 15-8-1966 final Development Plan for Pune city was sanctioned under the erstwhile provisions of the Bombay Town Planning Act, 1954. The Development Plan was carried, on introduction of Maharashtra Regional Town Planning Act, 1966. It is reported to us that on 18-9-1982 the draft Development Plan was published by the Municipal Corporation of Pune purported to be under Section 26 (1) of the Act. In all these Development Plans, Plot Nos. 437 and 438 are shown as earmarked for the purposes of the Park and Garden. After going through the rituals as prescribed by law the Development Plan was finalised and sanctioned sometime on 5th January 1987.

(3.) PRIMA facie, the State Act does not carry such a provision. The question for our consideration is, in the absence of any prohibition against the State from disposing off the land earmarked for the park and garden, whether the Government is at liberty to take such decision to dispose off the land for the purpose other than indicated ?