Case Note & Summary
The petitioners, residents of Ulhasnagar, challenged resolutions of the Standing Committee and General Body of the Ulhas Nagar Municipal Corporation (First Respondent) dated 25 August 2009 and 13 November 2009 respectively, which approved the construction of transit camps on two plots of land: Plot 705 (Sheet No. 60/61, Camp No.2 Sector No.3) admeasuring 19540 square yards reserved for a playground, and Plot 103 (Sheet No. 54, Camp No.5, Sector 8) admeasuring 7366 square yards reserved for a primary school and playground under the sanctioned Development Plan of 1974. The Municipal Corporation decided to construct tenements for slum residents of Rahul Nagar and Valmiki Nagar under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM), a project approved by the State Government in 2008 and the Union Government on 3 February 2009 at a cost of Rs.35.38 crores. The petitioners contended that the construction violated Section 37A of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), which only permits temporary use of reserved playground land for functions and events not exceeding 12 days at a time and 30 days in a calendar year. The Municipal Corporation argued that under Section 37(1AA) of the MRTP Act, the State Government could modify the Development Plan on an urgent basis, but admitted that no such modification was sought. The court held that any development must be consistent with the sanctioned Development Plan, and the ends cannot justify the means. The Municipal Corporation's action was a brazen act of illegality. However, considering the Municipal Corporation's affidavit dated 10 May 2013 stating that the transit camps would be demolished and removed by the end of March 2014, and that permanent accommodation was being constructed at an alternate location, the court directed the Municipal Corporation to demolish and remove the transit camps by 31 March 2014 and to file a compliance affidavit by 15 April 2014. The petition was disposed of accordingly.
Headnote
A) Town Planning - Development Plan - Reservation - Section 37A Maharashtra Regional and Town Planning Act, 1966 - Construction of transit camps on land reserved for playground and primary school - Held that such construction is in violation of Section 37A which only permits temporary use for functions and events not exceeding 12 days at a time and 30 days in a calendar year - The Municipal Corporation as Planning Authority is duty bound to enforce the Act and cannot breach it even for a laudable project (Paras 2-3). B) Town Planning - Modification of Development Plan - Section 37(1AA) Maharashtra Regional and Town Planning Act, 1966 - Urgent modification - Held that no recourse was taken to this power by the State Government, and the construction remains illegal (Para 2).
Issue of Consideration
Whether construction of transit camps on land reserved for playground and primary school under the Development Plan is permissible under the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court directed the Ulhas Nagar Municipal Corporation to demolish and remove the transit camps by 31 March 2014 and file a compliance affidavit by 15 April 2014. The petition was disposed of.
Law Points
- Development must be consistent with sanctioned Development Plan
- Section 37A MRTP Act prohibits use of reserved playground land except for limited temporary purposes
- Planning Authority cannot breach MRTP Act even for laudable projects
