Case: THE MAYOR MUNICIPAL CORPORATION Vs. GOVIND BAJIRAO NAVPUTE AND ORS

view that it is not a fit case to interfere with the impugned order under Article 136 of the Constitution of India. 10. The High Court, mainly on the ground that the Planning Authority has not prepared a draft development plan within the time prescribed under Section 26 of the MRTP Act, has allowed the writ petition with a further direction that the competent authority shall undertake the remaining work relating to preparation of draft development plan and submit to the State Government for sanction. Though, elaborate arguments were advanced, stating that the time frame fixed under Section 26 of the MRTP Act is only directory and not mandatory and further prescribed period can be extended as per the proviso, by entertaining an application even after expiry of time etc., however, we are of the view that the said aspects need not be gone into at this stage by this Court. Chapter III of the MRTP Act deals with the preparation of development plan and as per Section 38 of the MRTP Act development plan is to be revised at least once in twenty years. For the preparation of development plan, or the revised development plan, proceedings have to be initiated three years earlier to its sanction by the Government. If the draft development plan is not prepared and published in the Official Gazette, by the planning authority, within the time frame, the competent authority as prescribed under Section 21(4A) shall exercise all the powers and perform all the duties of a planning authority which may be necessary for the purpose of preparing a development plan and submitting it to the State Government for sanction. Section 21(4A) of the Maharashtra Regional and Town Planing Act, 1966 reads as under:- Sec.21(4A) If at any stage of preparation of the draft Development plan, the time fixed under sections 25,26 and 30 for doing anything specified in the said sections lapses, the Planning Authority shall be deemed to have failed to perform its duty imposed upon it by or under the provisions of this Act and any work remaining to be done upto the stage of submission of the draft Development plan under section 30 shall be completed by the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer nominated by him not below the rank of an Assistant Director of Town Planning, as the case may be. The said officer shall exercise all the powers and perform all the duties of a Planning Authority which may be necessary for the purpose of preparing a Development plan and submitting it to the State Government for sanction and may, notwithstanding anything contained in any other law relating to the funds of the Planning Authority, recover the cost thereof from such funds: Provided that, the said Officer shall exercise all the power and perform all the duties of the planning authority within such period as may be specified by an order by the Director of Town Planning, having regard to the stage of preparation of Development plan: Provided further that, the said period specified under the first proviso shall not exceed the original period stipulated under the relevant section. 11. Further during the course of hearing, learned counsel appearing for the Aurangabad Municipal Corporation and State of Maharashtra brought to our notice letters dated 15.10.2018 and 15.01.2020 issued by the Government of Maharashtra. In proceedings dated 15.10.2018, Government of Maharashtra in exercise of power under Section 154 of the MRTP Act has issued directions for preparing combined development plan, for original area and for newly added area. The direction issued in the said proceedings reads as under:- If development plan of original area and increased area of any Municipal Corporation/Nagar Parishads/Nagar Panchayat/Special Planning Authority or any other authority is due by the reason of completion of 20 years, in that case before initiating revised development plan 3 years before completion of said period, if revised development plan is prepared for entire area which comes within the purview of planning authority then, proper planning could be made and process of preparation of future revised development plan will occur at same time. Therefore, preparation of revised development plan for entire area falling under the jurisdiction of planning authority shall be made, though the date for part of the revised development plan is different, and combined development plan shall be prepared for entire area. In the name and by the order of Governor of Maharashtra. 12. Government of Maharashtra, by referring to the earlier proceedings dated 15.10.2018, has addressed a letter dated 15.01.2020 to the Commissioner of Aurangabad Municipal Corporation. In the aforesaid letter, the Government has issued instructions to the Commissioner, to prepare a new combined development plan for original and extended limits of Aurangabad city. The relevant portion of the said letter reads as under:- However, considering complete area of Planning Authority with a view to make better planning of development scheme proposals while revising the Development Plan, the Government has issued directions on 15.10.2018 as per Section 154 of Maharashtra Regional and Town Planning Act 1966 to prepare combined Development Plan for original and extended limit. Considering the period of Development Plan period of original limits of Aurangabad city and the directions issued by the Government as above,further action may be taken by the Aurangabad Municipal Corporation in regard to prepare new combined Development Plan for original and extended limits of Aurangabad city. 13. In this case, it is to be noted that proceedings were initiated in the year 2013 for revising the draft development plan and for one reason or the other, the proceedings remained at the stage of preparation of draft development plan. In view of the directions of the High Court, the said plan is yet to be prepared and is to be submitted to the Government for sanction. In any event having regard to communication/letter dated 15.01.2020 a fresh combined development plan for original and extended limits is to be prepared for Aurangabad city.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]9. Having heard learned counsels on both sides and on perusal of the impugned judgment and other material placed on record, we are of the view that it is not a fit case to interfere with the impugned order under Article 136 of the Constitution of India10. The High Court, mainly on the ground that the Planning Authority has not prepared a draft development plan within the time prescribed under Section 26 of the MRTP Act, has allowed the writ petition with a further direction that the competent authority shall undertake the remaining work relating to preparation of draft development plan and submit to the State Government for sanction. Though, elaborate arguments were advanced, stating that the time frame fixed under Section 26 of the MRTP Act is only directory and not mandatory and further prescribed period can be extended as per the proviso, by entertaining an application even after expiry of time etc., however, we are of the view that the said aspects need not be gone into at this stage by this Court13. In this case, it is to be noted that proceedings were initiated in the year 2013 for revising the draft development plan and for one reason or the other, the proceedings remained at the stage of preparation of draft development plan. In view of the directions of the High Court, the said plan is yet to be prepared and is to be submitted to the Government for sanction. In any event having regard to communication/letter dated 15.01.2020 a fresh combined development plan for original and extended limits is to be prepared for Aurangabad city10. The High Court, mainly on the ground that the Planning Authority has not prepared a draft development plan within the time prescribed under Section 26 of the MRTP Act, has allowed the writ petition with a further direction that the competent authority shall undertake the remaining work relating to preparation of draft development plan and submit to the State Government for sanction. Though, elaborate arguments were advanced, stating that the time frame fixed under Section 26 of the MRTP Act is only directory and not mandatory and further prescribed period can be extended as per the proviso, by entertaining an application even after expiry of time etc., however, we are of the view that the said aspects need not be gone into at this stage by this. Chapter III of the MRTP Act deals with the preparation of development plan and as per Section 38 of the MRTP Act development plan is to be revised at least once in twenty years. For the preparation of development plan, or the revised development plan, proceedings have to be initiated three years earlier to its sanction by the Government. If the draft development plan is not prepared and published in the Official Gazette, by the planning authority, within the time frame, the competent authority as prescribed under Section 21(4A) shall exercise all the powers and perform all the duties of a planning authority which may be necessary for the purpose of preparing a development plan and submitting it to the State Government for sanction.