Bombay High Court dismisses challenge on the Mahalunge-Maan Preliminary Town Planning Scheme for being premature.
Title: Chandrakant Uttam Kolekar and Ors. v. State of Maharashtra & Ors.
Decided on: 2nd AUGUST, 2023
WRIT PETITION NO. 10899 OF 2022
CORAM: G. S. KULKARNI & R. N. LADDHA, JJ.
Facts of the Case
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. The villagers of Mahalunge and Maan region vehemently opposed the town planning scheme.
Issues
Whether the Mahalunge-Maan Preliminary Town Planning Scheme No.1 sanctioned under Section 86(1)(a) of the Maharashtra Regional and Town Planning Act, 1966 is valid?
Contentions
The petitioners claim that the authorities offered them FSI instead of monetary compensation, which they weren’t ready to accept. The villagers were also told that they would be given developed plots for the 50% of their land. Moreover, they were not even given adequate details regarding the time of completion of the project or whatsoever. Because the Authorities wanted to make a 32m wide road, they wanted to acquire and merge the land, while the villagers were against it for it would affect their create disputes and affect their livelihood. When the matter was referred to PMRDA they made the town-planning scheme without considering these objections. The petitioners have expressed concerns that the draft Scheme does not include provisions for the acquisition of final plots designated for local society amenities development, as required by Section 64(a) of the Act. Moreover, police were brought by the respondents to threaten the villagers to surrender their lands. The government had not appointed an appellate Tribunal to address their concerns.
Decision
The Court pointed out that the petitioners would have an opportunity to echo all their grievances, if any, in a manner known to law at the appropriate time, including before the Arbitrator, after the final Scheme is notified. Thus, it refrained from expressing its opinion on the merits of any of their contentions as being canvassed in the present proceedings, or in respect of any grievances/issues the petitioners may have in future.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Aparna Gupta, University Law College & Dept. of Studies in Law