IMPORTANT POINT
Town Planning – Draft development plan has to be prepared within statutory time frame.

JUDGMENT

R. SUBHASH REDDY, J.

1. Leave granted.

2. These civil appeals are filed, aggrieved by the judgment dated 5.8.2016 passed in Writ Petition No. 1981 of 2016, by the High Court of Judicature at Bombay, bench at Aurangabad. By the aforesaid impugned judgment, the High Court has allowed the Writ Petition and quashed the Notification dated 4.2.2016, by which draft development plan under Section 26(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereafter “the MRTP Act”) was published. Further, the High Court has set aside the order dated 29.03.2016 passed by the Director of Town Planning, granting extension of time for submitting draft development plan to Government. Further, it is held that the Planning Authority has failed to 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 completed by the concerned Divisional Joint Director or the Deputy Director of the Town Planning and Valuation Department.

3. Before its conversion to Municipal Corporation, there existed a Municipal Council for Aurangabad city and final development plan for Aurangabad Municipal Corporation area was published in the year 1975, and the same was revised from time to time. The Aurangabad Municipal Corporation came to be established vide Government Notification dated 3.12.1982 w.e.f. 8.12.1982. At the time of establishment of the Municipal Corporation in the year 1982, 18 villages were included in the Municipal limits, which is an additional area forming part of the Municipal Corporation. A development plan in respect of the additional area came to be published in the Official Gazette on 15.10.1991. At a later point of time, City Industrial Development Corporation Area (CIDCO Area) was also denotified and as a result thereof an area admeasuring 209.88 hectares came to be included within the area of Municipal Corporation. The Declaration under Section 23 (1) read with Sections 34 and 38 of the MRTP Act came to be published in the Official Gazette, declaring intention to prepare revised development plan for an additional area i.e. de-notified area of CIDCO, and newly added Shivaji Nagar Area on 7.2.2013. On 05.02.2013, the Town Planning Officer came to be appointed for the purposes of preparation of development plan. After completing survey and preparation of existing land use map as contemplated under Section 25 of the MRTP Act, the planning authority, is required to prepare draft development plan and publish notice as contemplated under Section 26 of the MRTP Act, not later than two years from the date of notice published under Section 23 of the said Act. Such notice was published on 04.02.2016. As per the second proviso to Section 26, as applicable to the city of Aurangabad, the State Government is empowered to extend the time not exceeding 12 months, in aggregate to prepare and publish the draft development plan. Though the extendable period of 12 months lapsed by 6.2.2016, subsequently an application dated 18.3.2016, seeking extension of time was moved before the Competent Authority. On such application, time was extended in two spells for an aggregate period of 12 months.

4. The draft development plan, notified by the Municipal Corporation of Aurangabad on 04.02.2016, was questioned, amongst others, in the writ petition bearing no.1981 of 2016 on several grounds. As several writ petitions were filed seeking similar relief, for the sake of brevity and convenience we refer to the facts arising out of W.P. No.1981 of 2016.

5. It was the case of the writ petitioners that the said plan was not prepared in accordance with provisions of Maharashtra Regional and Town Planning Act, 1966; the said plan was not prepared and notified within the statutory period; the delegated authority has no jurisdiction to 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 writ peti