VIJAY KRISHNA KUMBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two petitions are in the nature of public interest litigation, the first at the instance of a journalist from Pune and the second at the instance of a Corporator of Pune Municipal Corporation. These petitions under Article 226 of the Constitution broadly challenge the action of the first respondent, the State of Maharashtra and the Commissioner of Pune Municipal Corporation (hereinafter referred to as 'P.M.C') in grantingbuilding permission to respondent Nos. 7 and 8 for construction of a building on Final Plot No. 110, Erandwana, Pune. The petitions also allege that the action of the Commissioner of P.M.C. was at the behest of respondent No. 5 who was the Chief Minister of the Government of Maharashtra at the material time and contrary to the provisions of the Maharashtra Regional And Town Planning Act, 1966, (hereinafter referred to as 'the M.R.T.P. Act'). It is contended that the said buildings permission is not only illegal, but also vitiated as it has been procured by sheer abuse of power. While the first petition seeks relief by way of demolition of the offending construction, the second petition seeks a direction to the P.M.C to acquire the said land along with the building and use it for a public purpose.

(2.) IN order to understand the legal matrix under which the challenges arise, it is necessary to trace the chronology of events in some detail so that the import and the impact of the contentions urged at the Bar are properly appreciated. The strict chronology of events may occasionally be deviated from, for the sequence of events has independent trails and each trail would have to be examined, albeit, again chronologically.

(3.) ON March 13, 1976 the P.M.C as the planning authority under the provisions of the M.R.T.P Act passed Resolution No. 758 and declared its intention to publish a revised development plan under section 23(1) read with section 38 of the M.R.T.P Act. Some time in the month of December 1979 one Laxmikant Murudkar, the owner of the said FP -110 served a purchase notice on the P.M.C under section 49 of the M.R.T.P Act. On January 5, 1980 the Standing Committee of the P.M.C passed Resolution No. 1523 and approved the proposal for acquisition of FP -110. On May 9, 1980 the P.M.C forwarded the proposal to the Collector of Pune. On July 19, 1980 theCollector of Pune appointed a Special Land Acquisition Officer (hereinafter referred to as the 'SLAO') to acquire the land. On July 27, 1982 the P.M.C obtained possession of FP -112 by paying compensation of Rs. 7,52,613/ -.