JUDGMENT:

G.P. Mathur, J.

These are review petitions seeking review of the judgment and order dated 5.5.2004 passed by this Court in Civil Appeal No.3800 of 2003. We will give the facts of Review Petition No.1809 of 2005, which is the leading case.

2. The Maharashra legislature enacted Maharashtra Regional Town Planning Act, 1966 (for short the Act) for planning and development of the cities, constitution of Regional Planning Boards and to make provision for the preparation of development plans with a view to ensuring that Town Planning Schemes are made in a proper manner and their execution is made effective and for ancillary purposes. Chapter III of the Act deals with development plans. Under the Scheme of the Act, Development Control Rules are framed separately for each city keeping in view the peculiar requirements of each city/town. The dispute here pertains to Development Control Rules (for short DCR) for Pune which has been constituted as a corporation under the Bombay Provincial and Municipal Corporation Act, 1949 (for short BPMC Act). Pune Municipal Corporation is

also the planning authority under the provisions of the Act for the city of Pune. A concept of Trans