A.S. Oka, J.

The facts of the case The petitioner which is a public charitable trust has filed the present PIL for challenging the decision of the Pune Municipal Corporation to construct a road through hills which have been successfully afforested by the Social Forestation Department of the State Government. A resolution was passed by the General Body of the second respondent-Pune Municipal Corporation being Resolution No. 532 (for short "the impugned resolution") on 27th February, 1996 for construction of a 60 feet wide road (for short "the proposed road")through the hills/hills slope from Paud Phata Road upto the gate of Balbharti building complex. It is pointed out in the petition that in the draft revised Development Plan for the city of Pune which was published in the year 1982, the proposed road was shown. However, while sanctioning the draft Development Plan, in exercise of the power under section 31 of the Maharashtra Regional and Town Planning Act, 1966 (for short 'the MRTP Act'), the State Government did not grant approval to the said proposed road shown in the draft revised Development Plan.

2. It is pointed out that the hills through which the proposed road will