The main legal point established in the judgment is that a condition requiring land owners to surrender land free of cost to the Municipal Corporation violated constitutional and statutory rights, and the court had the authority to quash such conditions.

JUDGMENT

C.V.BHADANG,J. - Rule in both petitions. The learned counsel for the respective Respondents waive service. Heard finally by consent of the parties.

2. Both these petitions raise a common challenge. As such, they are being disposed of by this common judgment.

3. The challenge in these petitions, under Article 226 of the Constitution of India, is to the constitutional validity of the Government Resolution dtd. 5/4/2017 and condition No. 4 in respect of EP-66 in Schedule of modification in Government Resolution dtd. 10/8/2004. The specific challenge is that the condition No. 4 in respect of EP-66 by which the land owners are required to surrender/hand over the land under the development plan road (DP Road) with the construction thereon, to the Municipal Corporation, free of cost, at the time of seeking development permission, is violative of Article 300-A of the Constitution of India.

4. The brief facts necessary for the disposal of the petitions may be stated thus- That the development plan (part) of the extended limits of Jalgaon City was sanctioned on 11/2/2002. While sanctioning the said plan, certain land was excluded. On 10/8/2004, the development plan for the excluded part was sanctioned. For the present purpose, the dispute is only in respect of excluded part (EP-66) stipulating that development permission shall be granted in respect of said part on low rise low density concept subject to certain conditions which includes condition No. 4 regarding the land owners surrendering/handing over the portion under 30 meter wide Development Plan Road (alongwith boundary of Sector VI and VII in Village Mehrun), free of cost to the Corporation.

5. It may be mentioned that the land which is subject matter of these petitions was initially falling in sensitive agricultural zone as per draft development plan as there is a lake better known as Mehrun Lake in the area which is considered to be ecologically sensitive. The Planning Authority had proposed modification of the said land to residential zone with restricted development namely, low rise low density, development. The Competent Authority after considering the report of the Officers and the suggestions of the plot owners, in which they had allegedly consented to hand over the land under the development road with its construction free of cost, while seeking development permission, had sanctioned the modification.

6. The Petitioners have inter alia challenged the said impugned condition on the ground that there is nothing on record to show that there was any such consent given by the land owners. Secondly, it is contended that any such condition is violative of the constitutional right of the Petitioners under Article 300A of the Constitution of India.

7. The first Respondent has filed an affidavit-in-reply stating that in Sector VI and VII which were part of the earlier regional plan for Jalgaon - Bhusawal, Mehrun Lake and surrounding area with abundant natural greenery was designated as a Regional Park, in order to prevent pollution/contamination of Mehrun Lake. Subsequently, the said area was included in the municipal limits of Jalgaon City as an additional area. In view of the proposal by the Planning Authority for modification of the land from sensitive agricultural zone to residential zone being of a substantial nature, a notice dtd. 11/2/2002 was published while inviting suggestions. The concerned Officer submitted his report through Director of Town Planning Pune, recommending against inclusion of the lands in Sector VI in a residential zone. However, considering the suggestions of the plot owners showing willingness to handover the land under the development road, with its construction, free of cost, while seeking development permission, the Government has in exercise of the powers conferred by sub-sec. (1) of Sec. 31 of the Maharashtra Regional and Town Planning Act, 1966 had sanctioned substantial modification/excluded part (EP) of the draft development plan of Jalg