BOMBAY ENVIRONMENTAL ACTION GROUP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these three petitions under Article 226 of the Constitution of India can be disposed of by this common Judgment as they involve common questions.

(2.) WRIT Petition No. 2773 of 1997 and Writ Petition No. 3041 of 1997 are filed by the same Environment Group from Bombay as public interest litigation. The prayer in W. P. No. 2773 of 1997 is for declaring Notifications dated 26-11-96 and 25-11-97 issued by the Government of Maharashtra as void and illegal. W. P. No. 3041 of 1997 is for setting aside the letter of Intent dated 7th January, 1997 issued by the State Government in favour of Sahara India Housing Ltd. (hereinafter referred to as Sahara) and to restrain Sahara from carrying out any development on that basis. W. P. No. 2247 of 1997 is also filed as a public interest litigation by an Association from Pune. The prayer made is to declare the Government Notification dated 26-11-96 as null and void. There is also intervention made on behalf of 36 tribals praying for getting back their lands alleged to be presently in possession of Sahara. There is also intervention on behalf of three Sarpanchas of the concerned villages supporting the State Government and Sahara.

(3.) WE shall state the facts: Regional Plan for Pune Metropolitan Region was sanctioned by Government Notification dated 27-2-1976 under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act for short) for 1970-1991. By Government Notification dated 18-5-1990, Pune Metropolitan Region was redefined. Entire Revenue District of Pune was included for preparation of Regional Plan. By the said Notification, Pune Regional Planning Board was constituted under section 4 (1) (2) and section 20 (1) of M. R. T. P. Act. The said Board prepared existing land use map of the region and published Draft Regional Plan for Pune on 13-9-1993. Mr. Mohan Dharia, one of the petitioners, was a member of the said Board. This was for the period 1990-2011. After considering the suggestions and objections, the Draft Regional Plan was modified and submitted to the Government for sanction on 30-1-1995. The Government sanctioned it by notification dated 25-11-1997 and brought into force the Regional Plan for 1990-2011 for Pune region on 10-2-1998. There is a Schedule to the said notification of modifications containing six modifications. MPR 3 thereof included 8 villages of Mulshi Taluka, District Pune with which we are concerned.