Case Note & Summary
The Vidarbha Heritage Society, a registered society formed in 1997, filed a public interest litigation before the Bombay High Court at Nagpur seeking preservation of heritage structures in Nagpur city. The genesis of the dispute lay in the Maharashtra Regional and Town Planning Act, 1966, as amended by Act No. 39 of 1994, which introduced definitions of 'heritage building' and 'heritage precinct'. The State Government directed the Nagpur Municipal Corporation to formulate regulations for conservation of heritage buildings and to submit a list. A Heritage Conservation Committee was constituted, which initially prepared a list of 300 items, later revised to 204. The Government published draft regulations and the list on 16 February 2000 under Section 31(1) of the MRTP Act, inviting objections. The Society had earlier filed writ petitions that led to these steps. Subsequently, the Heritage Conservation Committee recommended retention of 153 buildings as heritage. However, by Government Resolution dated 15 October 2003, the Government notified the final regulations with a list of 66 buildings proposed to be deleted. The petitioner Society contended that this deletion was arbitrary, without recording reasons, and without consulting the Heritage Conservation Committee. The matter had been heard in connected proceedings, and the Court had earlier directed re-examination and compliance with Section 31 procedure. The main legal issue was whether the Government could delete buildings from the heritage list without adhering to the prescribed procedure and without reasons. The petitioner argued that the Committee's recommendation to retain 153 buildings was ignored, and demolitions were occurring. The respondents argued that the notification was only a proposal and the objection period was still running, so the petition was premature. The Court, after hearing the parties, reserved judgment on 21 April 2006 and pronounced it on 5 May 2006. The decision of the Court is not recorded in the provided text.
Headnote
A) Heritage Conservation - Deletion from Heritage List - Procedure under Section 31 of MRTP Act - Maharashtra Regional and Town Planning Act, 1966, Sections 31(1), (2) - The Government published a notification under Section 31(1) with a list of heritage buildings, and subsequently issued a final notification deleting 66 buildings. The petitioner contended that the deletion was done without recording reasons and without consulting the Heritage Conservation Committee, contrary to the Committee's earlier recommendation to retain 153 buildings. The Court examined whether the statutory procedure was followed and whether the deletion was legally valid (Paras 1-10).
Issue of Consideration
Whether the Government's act of deleting 66 buildings from the Heritage List vide Resolution dated 15-10-2003 without recording reasons and without consulting the Heritage Conservation Committee is valid under the Maharashtra Regional and Town Planning Act, 1966?
Law Points
- Procedure for notification of heritage regulations under Section 31 of MRTP Act
- Role of Heritage Conservation Committee
- Need for recording reasons for deletion from heritage list
- Requirement of consultation with Heritage Conservation Committee before deletion
Case Details
2006 LawText (BOM) (05) 37
Writ Petition No. 211 of 2005
D.S. Zoting and A.H. Joshi, JJ.
Mr. A.C. Dharmadhikari for Petitioner; Mr. N.S. Khubalkar, Asstt. Govt. Pleader for Respondent Nos.1 & 5; Mr. C.S. Kaptan for Respondent No.2; Mr. S.K. Mishra for Respondent No.3; Mr. Sunil Manohar for Respondent Nos.12 & 29; Mr. Anand Parchure for Respondent No.28; Mr. W.G. Charde for Intervenor
Vidarbha Heritage Society, Nagpur (through Vinay Tambe, Awantika Chitnavis, Paramjit S. Ahuja)
State of Maharashtra, through Secretary, Department of Urban Development & Others (including Nagpur Municipal Corporation, Nagpur Improvement Trust, Heritage Conservation Committee, and others)
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Nature of Litigation
Public Interest Litigation regarding preservation of heritage structures and challenge to the deletion of certain buildings from the Heritage List.
Remedy Sought
Petitioner sought directions to stop demolitions, penalise those responsible, and ensure heritage structures are not demolished; also challenged the Government Resolution deleting 66 items without proper procedure.
Filing Reason
Government published a list of buildings proposed to be deleted from the heritage list, which the petitioner alleged was done without recording reasons and without consulting the Heritage Conservation Committee, contrary to earlier recommendations.
Previous Decisions
Earlier writ petitions led to directions for formulation of heritage regulations and list; in WP 2340/2001, court ordered re-examination of the list and completion of procedure under Section 31(1); Government issued GR dated 15-10-2003 with list of deletions.
Issues
Whether the Government's deletion of 66 buildings from the Heritage List without recording reasons and without consulting the Heritage Conservation Committee is valid?
Submissions/Arguments
Petitioner submitted that the Heritage Conservation Committee recommended retention of 153 buildings, but the Government deleted 66 without reasons and without consulting the Committee, violating statutory procedure.
Petitioner also contended that demolitions were taking place and sought orders for preservation.
Respondents argued that the notification was only a proposal inviting objections, and the procedure for finalization was underway, thus the petition was premature.
Judgment Excerpts
"The petitioner Society is approaching this Hon'ble Court in public interest and in the interest of proper development and preservation of the heritage and cultural and natural attributes of Nagpur City." (Para 2)
"It is the specific contention of the petitioner that the Heritage Conservation Committee had recommended retention of 153 buildings/precincts, but the Government Resolution dated 15-10-2003 omitted some of those buildings without recording reasons and the Heritage Conservation Committee was not even consulted before such omission."
Procedural History
The Vidarbha Heritage Society was constituted in 1997. The Maharashtra Legislature passed Amending Act No. 39 of 1994, amending the MRTP Act to include definitions of heritage buildings and precincts. In 1997, the Nagpur Municipal Corporation constituted a Heritage Conservation Committee under the chairmanship of Shri B.N. Zamre, which initially submitted a list of 300 items, later revised to 204. On 16-02-2000, the State Government published draft regulations and the list of 204 heritage buildings/precincts under Section 31(1) of the MRTP Act, inviting objections. The Society filed WP 2340/2001 seeking preservation orders. On 16-04-2002, the High Court directed re-examination of the heritage list. The Heritage Conservation Committee recommended retention of 153 buildings/precincts. On 28-04-2003, the High Court directed the Government to complete the procedure under Section 31(1) within 12 weeks. The Government, through an affidavit, stated that the regulations and final list would be published on 15-10-2003. Accordingly, on 15-10-2003, the Government issued GR notifying the regulations and a list of 66 items proposed to be deleted. In WP 2340/2001, on 15-12-2003, the AGP stated that the notice period for objections had not yet expired and finalization would follow. The present petition (WP 211/2005) was filed, and by consent of parties, the Court took it up for final disposal, reserving judgment on 21-04-2006 and delivering it on 05-05-2006.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 2(7), 2(13B), 2(13C), 31(1), 31(2), 52
