Case Note & Summary
The petitioner, Sunil Balakrushna Telang, owned plot nos. 11 and 12 in a private layout in Survey No.110, Village Ravet, within the Pimpri Chinchwad Municipal Corporation limits. Respondent No.3, Sahyadri Devcon, sought development permission for a large project on land including Survey No.110. The municipal corporation rejected Sahyadri's development proposal because the access road to the plot was less than 12 meters wide, violating Development Control Regulation 10.3. Sahyadri filed a statutory appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) before the Minister for Urban Development. The Minister, instead of deciding the appeal on merits, converted it into a representation and issued a direction to the municipal corporation to reconsider the rejection and grant development permission. The petitioner challenged this direction by way of a writ petition under Article 226 of the Constitution, seeking certiorari to quash the Minister's order. The High Court held that the Minister exceeded his jurisdiction under Section 47 of the MRTP Act by not deciding the appeal on its merits. The statutory appeal must be either allowed or dismissed; the Minister cannot issue directions that effectively bypass the appellate process. The court quashed the impugned direction and remitted the matter back to the Minister to decide the appeal afresh in accordance with law. The court also noted that the requirement of a 12-meter wide access road under DCR 10.3 is mandatory and must be complied with.
Headnote
A) Town Planning - Statutory Appeal - Section 47 MRTP Act - Minister's Powers - The Minister, while hearing an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966, cannot convert the appeal into a representation and issue directions to the municipal corporation to reconsider the development permission. The Minister must decide the appeal on its merits and either allow or dismiss it. (Paras 1-5)
B) Development Control Regulations - Access Road Width - DCR 10.3 - Mandatory Requirement - The requirement of a minimum 12-meter wide access road under Development Control Regulation 10.3 is mandatory for granting development permission. The municipal corporation had rejected the proposal due to non-compliance with this requirement. (Paras 5-6)
C) Writ Jurisdiction - Article 226 - Certiorari - The High Court can quash an order passed by the Minister that is without jurisdiction or in excess of jurisdiction. The impugned direction was set aside as it was beyond the scope of the statutory appeal. (Paras 3-4)
Issue of Consideration
Whether the Minister for Urban Development, while hearing a statutory appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966, can convert the appeal into a representation and issue directions to the municipal corporation to reconsider the development permission, thereby bypassing the statutory appellate remedy.
Final Decision
The High Court allowed the writ petition, quashed the impugned direction dated 28 September 2016, and remitted the matter back to the Minister for Urban Development to decide the appeal under Section 47 of the MRTP Act afresh in accordance with law.
Law Points
- Statutory appeal under Section 47 MRTP Act must be decided on merits
- Minister cannot convert appeal into representation
- Development Control Regulations must be strictly complied with
- Width of access road requirement under DCR 10.3 is mandatory
Case Details
2018 LawText (BOM) (11) 36
Writ Petition No. 9125 of 2017
Naresh H. Patil, C.J., G. S. Kulkarni, J.
Mr. Amjith M.A. I/b. Triyama Legal for Petitioner, Mr. M.M. Pabale, AGP for Respondent No.1, Mr. Deepak More with Mr. Nitesh Mohite for Respondent No.2, Mr. A.V. Anturkar, Senior Advocate with Mr. S.B. Deshmukh for Respondent No.3
State of Maharashtra, Pimpri Chinchwad Municipal Corporation, Sahyadri Devcon
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Nature of Litigation
Writ petition under Article 226 challenging the decision of the Minister for Urban Development converting a statutory appeal into a representation and issuing directions to reconsider development permission.
Remedy Sought
Petitioner sought a writ of certiorari to quash the impugned order/direction dated 28 September 2016 and to cancel any sanction granted pursuant thereto.
Filing Reason
The petitioner, owner of plots in the layout, was aggrieved by the Minister's direction which enabled the municipal corporation to reconsider and grant development permission to respondent no.3, bypassing the statutory appeal process.
Previous Decisions
The municipal corporation had rejected the development proposal of respondent no.3 due to non-compliance with DCR 10.3 regarding road width. Respondent no.3 filed an appeal under Section 47 MRTP Act, which the Minister converted into a representation and issued directions.
Issues
Whether the Minister for Urban Development, while hearing a statutory appeal under Section 47 of the MRTP Act, can convert the appeal into a representation and issue directions to the municipal corporation to reconsider the development permission.
Whether the impugned direction is within the jurisdiction of the Minister under Section 47 of the MRTP Act.
Submissions/Arguments
Petitioner argued that the Minister exceeded his jurisdiction under Section 47 by not deciding the appeal on merits and instead issuing directions to reconsider.
Respondent no.3 argued that the Minister had the power to issue such directions in the interest of justice.
Ratio Decidendi
The Minister hearing a statutory appeal under Section 47 of the MRTP Act must decide the appeal on its merits and cannot convert it into a representation or issue directions that bypass the appellate process. The power under Section 47 is limited to allowing or dismissing the appeal.
Judgment Excerpts
By the impugned decision, the Hon'ble Minister while rejecting the statutory appeal as filed by respondent no.3... converted the said appeal into a representation and has issued certain directions which has enabled the municipal corporation to reconsider the rejection of the development proposal of respondent no.3 and grant respondent no.3 a development permission.
The impugned decision is taken by the Hon'ble Minister on Sahyadri's appeal filed under Section 47 of the Maharashtra Regional and Town Planning Act...
Procedural History
The municipal corporation rejected Sahyadri's development proposal. Sahyadri filed a statutory appeal under Section 47 MRTP Act before the Minister. The Minister, by letter dated 28 September 2016, converted the appeal into a representation and directed the municipal corporation to reconsider. The petitioner filed Writ Petition No. 9125 of 2017 challenging this direction. The High Court reserved judgment on 23 October 2018 and pronounced on 1 November 2018.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 47
- Constitution of India: Article 226
