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

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