A.S. OKA, J.

As can be seen from the administrative order passed by Hon'ble the Acting Chief Justice on 6th February 2018 (which is on the file of PIL No. 82 of 2017), these matters have been specially assigned to this Bench.

1 One of the issues involved in this group of Public Interest Litigations is of the validity of section 52-A of the Maharashtra Regional and Town planning Act, 1966 which provides for en-bloc regularization of a very large number of illegal structures constructed in the State on or before 31st December 2015. The issue is whether the concept of town planning will be thrown to winds if the said provision is implemented. The contention is that the very concept of town planning is sought to be destroyed and defeated by enacting section 52-A. We are reminded of what Socrates said:

“By far the greatest and most admirable form of wisdom is that needed to plan and beautify cities and human communities.”

Benjamin Franklin supposedly said once

“If you fail to plan, you are planning to fail.”

OVERVIEW

2. With a view to reduce the congestion in the city of Mumbai, in early seventies, the twin city of Navi Mumbai was set up by taking recourse to en-bloc acquisition of lands under the provisions of the Land Acquisition Act,1894 (for short ‘the Land Acquisition Act'). The City and Industrial Development of Maharashtra Limited (for short ‘CIDCO'), a Government of Maharashtra owned Company was given a status of Special Planning Authority under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (for short ‘the MRTP Act'). Few years before the development of Navi Mumbai commenced, there was a large scale acquisition of lands in some areas of Navi Mumbai for setting up industrial estates of the Maharashtra Industrial Development Corporation (for short “MIDC”) which again is a statutory body created by the State Government under the provisions of the Maharashtra Industrial Development Act,1961 (for short ‘the MIDC Act'). It is also a Planning Authority within the meaning of MRTP Act for certain area of Navi Mumbai. Industrial estates were set up on large scale by MIDC and at one stage, industrial belt known as ThaneBelapur Belt which is now a part of Navi Mumbai was known to be one of the largest industrial areas in Asia.

3. PIL Nos.138 of 2012 and 80 of 2013 have been filed for inviting attention of the Court to the large scale illegal constructions which have come up during the last few years in the city of Navi Mumbai (New Bombay).

4. The orders passed in PIL Nos.80 of 2013 and 138 of 2012 and the affidavits on record will show that there are large scale illegal constructions have come up in Navi Mumbai. The illegal constructions are not only of smaller structures or huts but of large multi storied residential buildings. The citizens have been persuaded to purchase flats/premises in the said illegal buildings. As can be seen from some of the orders passed in PIL Nos.80 of 2013 and 138 of 2012, in large number of cases, the persons have acquired flats with the full knowledge that the entire building is illegal. Most of the illegal constructions have come up on the lands which were compulsorily acquired by the State Government either for setting up city of Navi Mumbai or for industrial estate of MIDC by paying large amount by way of compensation. Not only that large amount by way of compensation has been paid to those whose lands were acquired for Navi Mumbai Project, but they were allotted developed plots having an area equivalent to 12.5% of the area of the acquired lands. The plots have been allotted at concessional rates. The land mafia has got into action in the city of Navi Mumbai which was once advertised as a “dream city” and has successfully carried out hundreds of illegal constructions.

5. For a part of Navi Mumbai, the Municipal Corporation of city of Navi Mumbai (for short ‘the said Corpor