JUDGMENT :

R. N. Laddha, J.

By this petition under Article 226 of the Constitution of India, the petitioners seek to challenge the Mahalunge-Maan Preliminary Town Planning Scheme No.1 sanctioned under Section 86(1)(a) of the Maharashtra Regional and Town Planning Act, 1966 (for short ‘the Act’). The petitioners further seek to challenge the Mahalunge-Maan final town planning scheme, prepared by an Arbitrator under Section 72(6) of the Act. The petitioners claim they were denied compensation for their lands acquired for public purposes under the Scheme. It is the contention of the petitioners that the acquisition should have followed the procedure outlined in either the Act or the Right to Fair Compensation, Rehabilitation and Resettlement in Land Acquisition Act, 2013 and that compensation should have been paid to the land owners.

2. It is the case of the petitioners that the Pune Metropolitan Region consists of the important cities of Pune and Pimpri Chinchwad, as well as seven Municipal Councils, including Lonavala Hill Station, Nagar Panchayat of Vadgaon Maval and three Cantonment Boards; Khadki, Dehu and Pune. Additionally, it covers 842 villages and has a population of 7.5 million, according to the 2011 census.

3. Mahalunge and Maan villages are located within the Pune Metropolitan Region near the rapidly growing IT park at Hinjewadi. They are also adjacent to the Pune Municipal Corporation boundary and the Mumbai Bangalore Highway. Despite their high potential, they have remained underdeveloped due to their classification as agricultural or no development zones in the existing regional development plan.

4. On 11 July 2016, the Government of Maharashtra established the Pune Municipal Region Development Authority (for short ‘the PMRDA’) to plan the development of Pune City, Pimpri Chinchwad Industrial City, and the surrounding area of about 7357 sq. km. In 2018, PMRDA was declared as the Special Planning Authority for Pune Metropolitan Region under Section 40(1) of the MRTP Act. In 2017, due to the growth of the IT park at Hinjewadi and the potential for development of the nearby villages, the PMRDA announced its intention to prepare Mahalunge-Maan Town Planning Scheme No.1, which was published in the Maharashtra Government Gazette. Later that year, the Government of Maharashtra delegated its powers under Section 68(2) of the Act to the Metropolitan Commissioners of the concerned Metropolitan Region Development Authorities. However, according to the petitioners, this delegation of power was inappropriate as sanctioning a draft Scheme prepared by a planning authority was essentially a function of the State Government.

5. The petitioners claim that the Metropolitan Commissioner and Chief Executive Officer of PMRDA met the villagers whose land was included in the draft scheme under Rule 4 of the Maharashtra Town Planning Schemes Rules, 1974. The authorities told the villagers that they would acquire half of their lands for the project and offer them either FSI or monetary compensation. The villagers were also told that they would be given developed plots for the 50% of their land. However, the petitioners claim that no further details were provided in regard to the project and on its development or in regard to its completion time. The petitioners reportedly expressed their objections to the draft Scheme and its implementation and refused to accept FSI as compensation. They demanded compensation under new acquisition laws and pointed out that the proposed 36-meter DP road would affect many villagers’ residential and commercial properties, which they believed warranted compensation.

6. The villagers objected to the merger and division of their lands, stating that it would create disputes and jeopardize their livelihoods. They also informed the authorities that MIDC had proposed compensation under new land acquisition laws for building a 36-meter-wide road and asked that the PMRDA take this into account when finalising the Scheme. The