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Signature Not Verified
Digitally signed by
ANITA MALHOTRA
CIVIL APPEAL NO. 2248 OF 2020
Date: 2020.04.17
15:26:07 IST
Reason:
(Arising out of S.L.P.(C) No.26574 of 2016)
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C.As. @ SLP(C)No.25967 of 2016 etc. etc.
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JUDGMENT
R.SUBHASH REDDY,J.
1. Leave granted.
5.8.2016 passed in Writ Petition No. 1981 of 2016, by the High Court of
C.As. @ SLP(C)No.25967 of 2016 etc. etc.
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Judicature at Bombay, bench at Aurangabad. By the aforesaid impugned
judgment, the High Court has allowed the Writ Petition and quashed the
Section 26(1) of the Maharashtra Regional and Town Planning Act, 1966
(hereafter “the MRTP Act”) was published. Further, the High Court has set
perform the duty imposed upon it within the time frame as per the MRTP
Act, as such the remaining work relating to draft development plan shall be
Municipal Council for Aurangabad city and final development plan for
and the same was revised from time to time. The Aurangabad Municipal
City Industrial Development Corporation Area (CIDCO Area) was also de-
the MRTP Act, not later than two years from the date of notice published
months.
5. It was the case of the writ petitioners that the said plan was not
Town Planning Act, 1966; the said plan was not prepared and notified
grant extension of time ex post facto; the said plan was tinkered by the
Mayor and councillors of the corporation. It was the specific case in the
proposals were deleted; about 500 hectares of land covered by forest and
changed etc. The relief sought in the writ petition was opposed mainly on
the ground that the development plan was at the stage of proposals and
was incomplete and inchoate and has to undergo the process provided
6. The High Court while allowing the writ petition, in the impugned
judgment, has held that the statutory time limit prescribed under Section
26 of the MRTP Act is mandatory and Section 21(4A) of the MRTP Act is
The High Court has further held that the Director of Town Planning, as a
the time after the expiry of period of one year, in addition to prescribed two
C.As. @ SLP(C)No.25967 of 2016 etc. etc.
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years’ period. Further the High Court has noticed that about 114
be deleted and the large area around the Airport, which was maintained as
a green belt, was recommended under revised plan for commercial zone.
Town Planning Act, 1966 and further declared the orders of the delegated
authority, extending the period as illegal, with a further direction that the
for the appellant in appeal arising out of S.L.P.(C) No.33858 of 2016, Sri
Gopal Shankar Narayan, learned senior counsel appearing for the Mayor,
for the respondent-writ petitioner; Sri Rahul Chitnis, learned counsel for the
view that it is not a fit case to interfere with the impugned order under
has not prepared a draft development plan within the time prescribed
under Section 26 of the MRTP Act, has allowed the writ petition with a
further direction that the competent authority shall undertake the remaining
advanced, stating that the time frame fixed under Section 26 of the MRTP
Act is only directory and not mandatory and further prescribed period can
expiry of time etc., however, we are of the view that the said aspects need
not be gone into at this stage by this Court. Chapter III of the MRTP Act
within the time frame, the competent authority as prescribed under Section
21(4A) shall exercise all the powers and perform all the duties of a
Section 21(4A) of the Maharashtra Regional and Town Planing Act, 1966
reads as under:-
C.As. @ SLP(C)No.25967 of 2016 etc. etc.
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“Sec.21(4A) If at any stage of preparation of the draft
Development plan, the time fixed under sections 25,26
and 30 for doing anything specified in the said sections
lapses, the Planning Authority shall be deemed to have
failed to perform its duty imposed upon it by or under the
provisions of this Act and any work remaining to be done
upto the stage of submission of the draft Development plan
under section 30 shall be completed by the concerned
Divisional Joint Director or Deputy Director of Town
Planning and Valuation Department or an officer
nominated by him not below the rank of an Assistant
Director of Town Planning, as the case may be. The said
officer shall exercise all the powers and perform all the
duties of a Planning Authority which may be necessary for
the purpose of preparing a Development plan and
submitting it to the State Government for sanction and
may, notwithstanding anything contained in any other law
relating to the funds of the Planning Authority, recover the
cost thereof from such funds:
11. Further during the course of hearing, learned counsel appearing for
MRTP Act has issued directions for preparing combined development plan,
for original area and for newly added area. The direction issued in the said
prepare a new combined development plan for original and extended limits
of Aurangabad city. The relevant portion of the said letter reads as under:-
year 2013 for revising the draft development plan and for one reason or
development plan. In view of the directions of the High Court, the said
regard to findings recorded in the impugned order that huge variations are
made by the planning authority while preparing the draft development plan,
..……………………………………….J.
(MOHAN M. SHANTANAGOUDAR)
..……………………………………….J.
(R. SUBHASH REDDY)
NEW DELHI;
April 17, 2020