Case Note & Summary
The petitioners, residents of structures on site Nos. 244 and 245 in Ulhasnagar, challenged a notification dated 23rd April 2018 issued under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966, by which the State Government sanctioned certain excluded parts of the Draft Revised Development Plan for Ulhasnagar, including a reservation of part of site No. 245 for a burial ground. The petitioners admitted they had no right, title or interest in the land and were merely occupants. The court found that the petitioners lacked locus standi to challenge the reservation as they had no legal right in the land. The petition was dismissed with no order as to costs.
Headnote
A) Town Planning - Locus Standi - Challenge to Reservation - Maharashtra Regional and Town Planning Act, 1966, Section 31 - Petitioners, being mere occupants of structures on the land without any right, title or interest, have no locus standi to challenge the notification sanctioning the reservation of a part of the land for a burial ground. The court held that the petitioners cannot maintain the petition as they have no legal right in the land. (Paras 1-4)
Issue of Consideration
Whether the petitioners, who are mere occupants without any right, title or interest in the land, have locus standi to challenge the notification sanctioning the reservation of a part of the land for a burial ground under the MRTP Act.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Locus standi
- Reservation of land for public purpose
- Challenge to development plan notification
- Maharashtra Regional and Town Planning Act
- 1966
Case Details
2018 LawText (BOM) (06) 91
Writ Petition (ST) No. 14717 of 2018
A.S. Oka, Riyaz I. Chagla
Ms. Minal J. Chandnani i/b Mr. Vivek Pohuja for the Petitioners; Ms. Nisha Mehra, AGP for Respondent Nos. 1, 7, 8, 10 to 13; Mr. R.S. Apte, Senior Advocate i/b Mr. Suresh M. Kamble, for Respondent Nos. 2 to 4
State of Maharashtra & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 challenging a notification under Section 31 of the MRTP Act sanctioning a part of the Draft Revised Development Plan for Ulhasnagar.
Remedy Sought
Petitioners sought to quash the notification dated 23rd April 2018 reserving part of site No. 245 for a burial ground.
Filing Reason
Petitioners, residents of structures on site Nos. 244 and 245, objected to the reservation of part of site No. 245 for a burial ground.
Previous Decisions
The State Government had earlier sanctioned part of the draft plan on 21st April 2017, and after considering objections, sanctioned the excluded portions (EP-1, EP-18, EP-19, EP-129) with modifications by the impugned notification dated 23rd April 2018.
Issues
Whether the petitioners have locus standi to challenge the notification under Section 31 of the MRTP Act when they have no right, title or interest in the land.
Submissions/Arguments
Petitioners argued that the description of site Nos. 245 and 244 kept changing and it was unclear which land formed part of site No. 245.
Ratio Decidendi
A person who is merely an occupant of a structure on land without any right, title or interest in the land has no locus standi to challenge a notification under Section 31 of the MRTP Act reserving the land for a public purpose.
Judgment Excerpts
The case of the Petitioners is that they are residents of the site Nos. 244 and 245 covered by the impugned notification.
Even according to the case of the Petitioners, they have no right, title and interest in respect of the lands subject matter of site Nos. 245 and 244 and that they are merely occupying the structures thereon.
Procedural History
The Draft Revised Development Plan for Ulhasnagar was prepared by the Planning Authority and submitted to the State Government on 2nd July 2014 under Section 30(1) of the MRTP Act. Part of the draft was sanctioned on 21st April 2017 under Section 31(1). For the excluded part, proposed modifications were published on 21st April 2017, and after considering objections, the impugned notification dated 23rd April 2018 sanctioned the excluded portions with modifications. The petitioners filed this writ petition challenging the notification.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 30, Section 31
- Constitution of India: Article 226
