JUDGMENT - V.G. PALSHIKAR, J.:---By this petition the petitioners have challenged the Government Notification No. TPS, 1899/606/CR139/99/UD-13, dated 27-6-2000 as ultra vires the provisions of section 37 of the Maharashtra Regional Town Planning Act (hereinafter referred to as "the Act").

2. The facts giving rise to the present petition stated briefly are that the petitioners own certain lands in the precincts of Pune Corporation. On 5-2-1987 revised final development plan was made by Pune Municipal Corporation to which sanction was duly accorded by the State Government under section 31 of the Act. Thereafter the Government of Maharashtra directed Pune Municipal Corporation under section 37(1) of the Act to publish the notification showing certain lands in village Ghorpadi in the map changing them from the zone of agricultural to zone of residential lands. Since the petitioners were not affected by this order under section 37(1) no action was taken by the petitioners. Thereafter on 27-6-2000 the Government was pleased to issue said notification. While giving sanction however certain conditions were imposed by the State one of the condition was that the Director of Town Planning was to make plans, layout etc. and subject to those plans and layouts developments proposals can be sanctioned. When these conditions were imposed according to the petitioners no hearing to any person concerned was given. Exercising these powers under this condition the Director of Town Planning imposed certain reservations on the lands belonging to the petitioners. These reservations as indicated by the Director were such as will not permit development of their lands by the petitioners. Petitioners have therefore challenged this action of issue of notification dated 27-6-2000 on several grounds mentioned in the petition.

3. The first submission made on behalf of the petitioners is that section 37(2) of the Act does not contemplate delegation of powers by the State. The Government of Maharashtra therefore had no jurisdiction to delegate power of imposing any condition or levying any reservations while granting sanction under section 37(2) to a development plan. According to the learned Counsel the words "subject to such conditions as it may be deem fit" appearing in section 37(2) does empower Government of Maharashtra to impose certain condition while sanctioning modification. However, this right or power which enabled the State to levy conditions cannot be delegated to the Director as he has no role to play in the scheme of 37(2).

4. The learned Counsel then contended that putting reservation in respect of land which was earlier in the agricultural zone is putting a condition which amounts to modification in the proposed plan submitted under section 37(1) and therefore a decision has to be of the State Government and not of the Director. Then without prejudice to this contention it was submitted by the learned Counsel that assuming that what has been delegated to the Director is not a power under section 37(2) but only an authority to lay plans, make layouts, sanction roads, service roads, open spaces etc. on the master plan or revised master plan or revised development plan as the case may be as submitted to the Government by the Planning Authority. According to the learned Counsel what is required to be done by the Director is therefore within the plan as submitted by the Planning Authority. The Planning Authority has submitted plan as directed by the State Government converting lands from agricultural zone into residential zone. Any change in this conversion or demarcation either as agricultural zone or residential zone would amount to change or modification as contemplated by section 37(2) and that cannot be done. All that can be done by a Director exercising powers conferred upon him by section 37(2) is to make layouts, lay plans, construction of amenities etc. keeping furnishing of master plan in tact. To elaborate the submission is whether ther

Click Here to Read the rest of this document