JUDGMENT :

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

3. These petitions raise a common challenge to the legality and correctness of substantial modifications, modification nos.EPR-19 and EPR39, in respect of proposed 12 mtr. D.P. Road made in Schedule-A, Part-C of the notification dated 17th February, 2018 issued by the State Government sanctioning a Draft Development Plan for the original limit of Pune Municipal Corporation.

4. The petitioners, in these petitions, are residents of Sopan Baug, Cooperative Housing Society, Ghorpadi, Pune and their houses are situated in Survey No.59 and 58 bearing CTS No.503. They claim that their Survey No. (old) 59 is abutting Survey No.61 and as the proposed 12 mtr. D.P. Road passing through Survey No.61 and 62 cuts through the Green Belt situated in Survey No.61 and 62 and has also a potential to block the adjoining Nala and cause more pollution, there is a legal injury to them and, therefore, they have a right to challenge the notification dated 17th February, 2018 to the extent it sanctions the substantial modifications to the Draft Development Plan for Pune city, namely, modification nos.EPR-19 and EPR-39. Background facts which led to sanctioning of the modification nos.EPR-19 and EPR-39 are as follows :-

(a) Pune Municipal Corporation (hereinafter called to as the “PMC” for short) by its Resolution dated 7th January, 2013 decided to publish revised Draft Development Plan for the original limit of PMC and accordingly, revised Draft Development Plan was published vide Maharashtra Government Gazette dated 28.03.2013. A Planning Committee appointed under section 28(2) of the Maharashtra & Town Planning Act, 1966 (hereinafter referred to as the “MRTP Act”), after considering the suggestions and objections to the Draft Development Plan, submitted its report to the PMC, the Planning Authority, on 13.02.2015.

(b) As the PMC did not take any decision on the report of the Planning Committee submitted to it, and did not submit the Draft Development Plan to the Government of Maharashtra for its sanction within the stipulated time limit, the Government of Maharashtra vide order dated 27.03.2015, appointed a Committee under Section 162 of the MRTP Act under the Chairmanship of Divisional Commissioner, Pune Division, Pune to complete the legal procedure by performing the duty of the Planning Authority. This Committee considered the report of the Planning Committee and also other relevant factors and made some modifications and changes to the Draft Development Plan under Section 28(4) of the MRTP Act. These modifications and changes made in the Draft Development Plan were published by the appointed Committee in the official Gazette dated 26th September, 2015.

(c) The Committee so appointed submitted for sanction the Draft Development Plan along with modifications to the Government of Maharashtra under Section 30 of the MRTP Act vide its letter dated 26th September, 2015.

(d) The Government of Maharashtra, in accordance with the provisions of Section 31(1) of the MRTP Act, sanctioned a part of the said Draft Development Plan, excluding the modifications of substantial nature, vide notification dated 5th January, 2017, duly published in the Government Gazette. The Government of Maharashtra, however, invited suggestions and/or objections from the general public vide its notice dated 5 th January, 2017, in respect of the excluded parts from the Draft Development Plan which was partly sanctioned by the Government of Maharashtra.

(e) After following the procedure, the Government of Maharashtra in exercise of its power under Section 31(1) of the MRTP Act, sanctioned the excluded parts of the revised Draft Development Plan for original limit of Pune City vide its notification dated 17th February, 2018, as specified in Schedule-A, a