Case Note & Summary
The judgment concerns two writ petitions filed by landowners in Pune challenging the change of reservation of their land from parking to a bus terminus by the Pune Municipal Corporation. The petitioners, Motibagh Co-operative Housing Society Limited and Udaysinh Narayanrao Borawake, owned adjoining plots of land in Yeravada, Pune, within the limits of Pune Municipal Corporation. The land was originally reserved for parking under the Town Planning Scheme. The Planning Authority changed the reservation to a bus terminus for the Pune Municipal Transport Corporation without following the mandatory procedure under Section 37 of the Maharashtra Regional and Town Planning Act, 1966. The court examined whether the change of reservation was valid. The petitioners argued that the change was arbitrary and violated the statutory procedure. The respondents contended that the change was necessary for public convenience. The court held that the change of reservation without following the procedure under Section 37 of the MRTP Act, 1966, which requires a draft modification, public notice, and final approval, is illegal and unsustainable. The court quashed the change of reservation and directed the respondents to follow the proper procedure if they wish to change the reservation. The decision was in favor of the petitioners.
Headnote
A) Town Planning - Change of Reservation - Section 37 of Maharashtra Regional and Town Planning Act, 1966 - Procedure for Modification of Scheme - The Planning Authority changed the reservation of petitioners' land from parking to bus terminus without following the mandatory procedure under Section 37 of the MRTP Act, 1966, which requires a draft modification, public notice, and final approval. The court held that such change is illegal and unsustainable as it bypasses the statutory safeguards for landowners. (Paras 1-10) B) Town Planning - Legitimate Expectation - Landowners' Rights - The petitioners, as owners of land reserved for parking, had a legitimate expectation that the reservation would not be changed arbitrarily. The court held that the change of reservation without following due process violates the landowners' rights and the scheme's integrity. (Paras 2-8)
Issue of Consideration
Whether the change of reservation of land from parking to bus terminus by the Pune Municipal Corporation without following the procedure under Section 37 of the Maharashtra Regional and Town Planning Act, 1966 is valid?
Final Decision
The court quashed the change of reservation and directed the respondents to follow the proper procedure under Section 37 of the MRTP Act, 1966 if they wish to change the reservation.
Law Points
- Change of reservation under Town Planning Scheme must follow statutory procedure under Section 37 of MRTP Act
- 1966
- Planning Authority cannot unilaterally change reservation without modification of scheme
- Landowners have legitimate expectation that reservation will not be changed arbitrarily
