Case Note & Summary
The petitioner, Indian Institute of Architects, a society registered under the Societies Registration Act, 1860, filed a writ petition under Article 226 of the Constitution of India challenging a communication dated 12.04.1991 issued by the Trust Engineer of Nagpur Improvement Trust (respondent No. 1) informing that the land under reference No. W-87 reserved for Architect Association could not be allotted to them. The petition was filed in June 1991. Subsequently, the State of Maharashtra (respondent No. 2) exercised its powers under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966, and sanctioned a draft development plan which removed the reservation in favour of the petitioner. This notification was published in the Government Gazette on 21.09.2001, and the petitioner amended the petition to challenge this removal. After finalization of the development plan under Section 31(6) of the Act, the Nagpur Improvement Trust decided to develop the land on a Build-Operate-Transfer (BOT) basis and called for tenders. The offer of respondent No. 4, Indo Pacific Software and Entertainment Limited, was accepted, and respondent No. 4 was added as a party on 06.10.2004. The court considered the arguments of the parties, noting that the petitioner had no vested right to the allotment once the reservation was removed by the State Government in exercise of its statutory power. The court held that the subsequent development on BOT basis was permissible. The petition was dismissed as the petitioner failed to establish any infringement of legal or fundamental rights.
Headnote
A) Town Planning - Reservation of Land - Removal of Reservation - Section 31(1) of Maharashtra Regional and Town Planning Act, 1966 - Petitioner society challenged communication dated 12.04.1991 refusing allotment of land reserved for Architect Association - State Government later sanctioned draft development plan removing such reservation - Held that once the State Government exercises its power under Section 31(1) to sanction the draft plan, the reservation ceases to exist and the petitioner has no vested right to allotment (Paras 1-3). B) Town Planning - Development Plan - Finalization - Section 31(6) of Maharashtra Regional and Town Planning Act, 1966 - After finalization of development plan, Nagpur Improvement Trust decided to develop the land on BOT basis and accepted tender of respondent No. 4 - Held that such development is permissible and not illegal (Para 3). C) Constitutional Law - Writ Jurisdiction - Locus Standi - Article 226 of Constitution of India - Petitioner society challenged refusal of allotment and subsequent removal of reservation - Court found that the petitioner had no enforceable right as the reservation was removed by statutory process - Held that writ petition is not maintainable as no fundamental or legal right is infringed (Paras 1-3).
Issue of Consideration
Whether the petitioner, a society of architects, has any right to challenge the removal of reservation of land in its favour after the State Government sanctioned the draft development plan under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966, and whether the subsequent development of the land on BOT basis by the Nagpur Improvement Trust is valid.
Final Decision
The writ petition is dismissed. The court upheld the State Government's action in removing the reservation and the Nagpur Improvement Trust's decision to develop the land on BOT basis.
Law Points
- Power of State Government to sanction draft development plan
- Removal of reservation in development plan
- Locus standi of society challenging planning decision
- BOT basis development by Improvement Trust
