H.L. Gokhale J. - (1.) WHAT is the nature and significance of the planning process for a large Municipal town area? In that process, what is the role of the Municipal Corporation, which is the statutory planning authority? Can the State Government interfere in its decisions in that behalf and if so, to what extent? Does the State Government have the power to issue instructions to the Municipal Corporation to act in a particular manner contrary to the Development Plan sanctioned by the State Government, and that too a number of years after the Municipal Corporation having taken the necessary steps in consonance with the plan? Can the State Government instruct a Municipal Corporation to shift the reservation for a public amenity such as a primary school on a plot of land, and also instruct it to grant a development permission for residential purposes thereon without modifying the Development Plan? Could it still be considered as an action following the due process of law merely because a provision of Development Control Rules is relied upon, whether it is applicable or not? Or where the Municipal Corporation is required to take such contrary steps, supposedly on the instructions of the concerned Minister / Chief Minister, for the development of a property for the benefit of his relative, would such instructions amount to interference/mala fide exercise of power? Is it permissible for the landowner and developer to defend the decision of the Government in their favour on the basis of a provision in the erstwhile Town Planning Scheme as against the purpose for which the land is reserved under the presently prevalent Development Plan? Is it permissible for the landowner and developer to explain and justify such a favourable Government decision by relying upon the authority of the Government under another section of the statute which is not even invoked by the Government? What inference is expected to be drawn in such a situation with respect to the role played by the ministers or the municipal officers? What orders are expected to be passed when such facts are brought to the notice of the High Court in a Public Interest Litigation? These are some of the issues which arise in this group of Civil Appeals in the context of the provisions of the Maharashtra Regional and Town Planning Act, 1966 (for short MRTP Act) concerning a property situated in Pune Municipal area.
(2.) THESE appeals arise out of two writ petitions in public interest leading to concurrent judgments and a common order dated 6th - 15th March 1999 passed by a Division Bench of the Bombay High Court. These writ petitions bearing nos.4433 and 4434 of 1998 were filed respectively by one Vijay Krishna Kumbhar, a journalist and one Nitin Duttatraya Jagtap, a Municipal Corporator of Pune. The petitions pointed out that a particular plot of land bearing Final Plot No.110 (F.P. No. 110 for short), and admeasuring about 3450 sq. meters, situated on Prabhat Road in the Erandwana area of the city, was initially reserved for a public purpose namely, a garden/playground, and subsequently for a primary school. They further pointed out that a number of years after the Pune Municipal Corporation (hereinafter referred to as PMC) took all the necessary steps to acquire this particular plot of land, the landowner one Dr. Laxmikant Madhav Murudkar appointed M/s Vyas Constructions, a proprietary concern of one Shri Girish Vyas (the appellant in Civil Appeal No.198-199 of 2000) as the developer of the property. Shri Girish Vyas is the son-in-law of Shri Manohar Joshi who was the Chief Minister of Maharashtra from 14.03.1995 till January 1999. The petitioners contended that only because of the instructions from the Urban Development Department (UDD for short) which was under Shri Manohar Joshi, that in spite of the reservation for a primary school, the plot was permitted to be developed for private residences flouting all norms and mandatory legal provisions. They sought to challenge the building permission which was issued by the PMC under the instructions of the State Government, by submitting that these instructions amounted to interference into the lawful exercise of the powers of the Municipal Corporation, and the same was mala fide. After hearing all concerned, the petitions were allowed, and an order has been passed to cancel the Commencement (of construction) certificates, and Occupation Certificate, and to pull down the concerned building which has been constructed in the meanwhile. The State Government has been directed to initiate criminal investigation against Shri Manohar Joshi, Shri Ravindra Murlidhar Mane, the then Minister of State for UDD, and the then Pune Municipal Commissioner Shri Ram Nath Jha. Being aggrieved by this order, the present group of appeals have been filed: (i) Civil Appeal Nos. 198- 199/ 2000 are filed by the developer Shri Girish Vyas and his proprietary concern M/s Vyas Constructions. Civil Appeal No. 2450 of 2000 is filed by the landowner Dr. Laxmikant Madhav Murudkar (since deceased) to challenge the judgments and the order in their entirety. Their submissions by and large are similar. (ii) Civil Appeal Nos. 2102-2103 of 2000 are filed by Shri Manohar Joshi, the then Chief Minister, Civil Appeal Nos. 2105-2106 of 2000 are filed by Shri Ram Nath Jha who was the then Pune Municipal Commissioner, and Civil Appeal No. 2120 of 2000 is filed by Shri Ravindra Murlidhar Mane, the then Minister of State, UDD. These appeals seek to expunge the adverse remarks against the appellants, and the order directing criminal investigation against them. (iii) Civil Appeal Nos. 196-197 of 2000 are filed by Maruti Raghu Sawant and others who were the tenants in this property. They contend that in the scheme prepared by the developer, they were to become owners of their tenements whereas under the original reservation, they were to be evicted. We may note at this stage that though the PMC accepts the judgment, it has no objection to the tenants continuing as tenants of PMC in the building which is constructed for accommodating them on a portion of the very plot of land. The tenants, however, contend that if the plot of land is taken over by PMC, they will remain mere tenants as against the ownership rights which were assured to them by the developer and the landlord, and are, therefore, continuing to maintain their appeals. All these appeals are opposed and the impugned judgment and order are defended by the original petitioners as well as by the PMC and the State Government. It is relevant to note that the State of Maharashtra as well as PMC had opposed the writ petitions in the High Court, but they have not filed any appeals and have now accepted the judgment and order as it is. Since, all these appeals are arising out of the same judgment and order, they have been heard and are being decided together, by treating the appeals filed by Shri Girish Vyas as the lead appeals. Facts leading to these appeals Reservation on F.P. No. 110 for a garden
(3.) DR. Laxmikant Madhav Murudkar (since deceased), appellant in Civil Appeal No. 2450 of 2000 (hereinafter referred to as landowner) owned the property bearing F.P. No. 110. The Government of Maharashtra sanctioned a Development Plan for Pune City by publishing a notification dated 7.7.1966 in the official gazette dated 8.7.1966, which fixed 15.8.1966 as the date on which the said plan shall come into force. (The said plan is hereinafter referred to as 1966 D.P. Plan). Under the said 1966 D.P. Plan, F.P. No. 110-112 were reserved for a garden. The Plan was sanctioned in exercise of the power of the State Government under Section 10 of the then prevalent Bombay Town Planning Act 1954 (1954 Act for short). This notification stated that the PMC had passed the necessary resolution of its intention to prepare a Development Plan, carried out the necessary survey, considered the suggestions received from the members of the pubic under Section 9 of the Act, and after modifying the Plan wherever found necessary, submitted it to the Government, and thereafter the Government having consulted the Director of Town Planning, had in exercise of its power under Section 10 (1) and (2) of the Act, sanctioned the Development Plan. Subsequently, the 1954 Act was repealed and replaced by the MRTP Act with effect from 11.01.1967. However, by virtue of Section 165 (2) of MRTP Act, the 1966 D.P. Plan was saved. Consequently, when the landowner applied for the sanction of a layout in F.P. No.110, the same was rejected by PMC. Therefore, the landowner served on the State Government a notice dated 8th May 1979 under Section 49(1) of the MRTP Act, calling upon it to purchase the land and to "commence the proceedings for acquisition". The notice stated that the F.P. No.110 was not acquired within the period of 10 years granted to the Planning Authority to implement the D.P. (for the Pune Municipal area, PMC is the Planning Authority). It further stated that as per his understanding, the D.P. was under revision but the reservation on petitioner's F.P. No.110 had not been changed, and `the reservation will never be cancelled and the final plot will never be handed back' to him. The State Government confirmed the purchase notice under Section 49 (4) of the Act by its letter dated 5.12.1979. The Government's letter informed the landowner that necessary instructions have been issued to the PMC, and he may approach their office. Steps for acquisition of F.P. No. 110;