Lokmat News Network
Chhatrapati Sambhajinagar:
The Bombay High Court’s Chief Justice Devendra Kumar Upadhyay and Justice Kishor Sant have alerted the state government saying if it intends to make changes to the city’s Draft Development Plan, it must issue a notice as per legal provisions. Based on this notice, the 33 petitioners from Gut Number 154 in Mitmitia should be allowed to present their objections and grievances.
The Aurangabad Bench issued this directive because the revised development plan was sent to the government for approval without giving the petitioners a chance to present their views, as required by law.
Residents of Samruddhi Park in Gut Number 154 (Mitmita), including Lata Dabhade and 32 other residents, filed a petition through Advocate Majid S Shaikh. A total of 35 persons purchased 40 gunthas of land in this gut number, developed it and obtained permission from the municipal corporation. However, without notifying the petitioners, the revised draft development plan showed an existing 18-meter (60-foot) internal road running through the petitioners' properties, which was not part of the original plan. When the petitioners raised objections with the municipal corporation, they were informed that the revised plan had already been sent to the government for approval and nothing could be done. Consequently, they filed a petition.
Legal Provision for Amendments to the Development Plan
Under Section 28 (4) of the Maharashtra Regional and Town Planning (MRTP) Act, while amending or revising the draft development plan, the proposed amendments must be published in the official gazette and at least two local newspapers for public information and invite objections and suggestions regarding the proposed changes from the citizens as per the provisions. Usually, the government approves the amendment without any changes. In this case, personal notices were not issued to the petitioners regarding their objections and suggestions. This amounts to a violation of legal provisions, pointed out the petitioners’ representative Adv Sachin Deshmukh.