JUDGMENT

Rajendra Babu, CJI-Whether the impugned amendment to the Development Control Rules (DCR) sanctioned by the State Government of Maharashtra is in accordance with the provisions of the Maharashtra Regional and Town Planning Act, 1966 (the Act) is the matter for consideration herein.

2. The Act inter alia constituted Regional Development Authorities to streamline the development planning of Greater Bombay and Pune. Respective Corporations of Bombay and Pune were nominated as Regional Development Authorities under the Act. On 8.7.1993 the Maharashtra Government issued a directive under section 37 of the Act to Pune Municipal Corporation (PMC) to amend its DCR in the line of Bombay DCR. On 30.9.1993 PMC published the proposed amendments in the Official Gazette and invited objections/suggestions in accordance with section 37(1) of the Act. Subsequently the State Government sanctioned the proposed amendments. On 22.8.1995 the PMC submitted a proposal for modification of the DCR without any modification in the draft regulations. Thereafter, the State Government vide Notification dated 5.6.1997 under section 37(2) of the Act sanctioned the proposal of the modification and notified th