Rajendra Babu, C. J. I - (1.) -Whether the impugned amendment to the Development Control Rules (DCR) sanctioned by the State Government of Maharashtra is in accordance with the provisions of the Maharashtra Regional and Town Planning Act, 1966 (the Act) is the matter for consideration herein.
(2.) The Act inter alia constituted Regional Development Authorities to streamline the development planning of Greater Bombay and Pune. Respective Corporations of Bombay and Pune were nominated as Regional Development Authorities under the Act. On 8-7-1993 the Maharashtra Government issued a directive under Section 37 of the Act to Pune Municipal Corporation (PMC) to amend its DCR in the line of Bombay DCR. On 30-9-1993 PMC published the proposed amendments in the Official Gazette and invited objections/suggestions in accordance with Section 37 (1) of the Act. Subsequently the State Government sanctioned the proposed amendments. On 22-8-1995 the PMC submitted a proposal for modification of the DCR without any modification in the draft regulations. Thereafter, the State Government vide notification dated 5-6-1997 under Section 37 (2) of the Act sanctioned the proposal of the modification and notified the modified DCR. It is pointed out that the proposal submitted by the PMC did not contain the words "very said plot" in the proposed amendment to Rule N 2.4.11. However when the sanction was granted the State Government made certain additions to the Rules and the Rule N 2.4.11 contains the word "very said plot". The Floor Space Index (FSI) granted additionally under these rules was properly sanctioned by the PMC. Subsequently, the request to grant additional FSI was rejected by the PMC. This resulted in the present litigation. The Respondents herein challenges this amendment before the High Court on the ground that the additions made by the State Government while giving the final sanction is beyond the powers of the State Government under Section 37 (2) of the Act. The High Court allowed the petition on the reasoning that the language of Section 37(2) nowhere allows the State Government to add conditions of its own or amendments of its own in the modifications submitted by the Planning Authority. It is also found that the State Government is bound to hear the affected parties or those who suggested modification to the proposals, before giving sanction. High Court also pointed out that on applying the principles of promissory estoppel the corporation couldnt be allowed to insist that the additional O. 4 FSI be used on the same very plot. This decision is impugned before us.
(3.) The question now for consideration is whether the State Government can make any changes of its own in the modifications submitted by Planning Authority or not. The impugned Section 37 of the Act reads as follows : "37 (1) Where a modification of any part of or any proposal made in, a final development plan is of such a nature that it will not change the character of such development plan, the Planning Authority may, or when so directed by the State Government shall, within sixty days from the date of such direction, publish a notice in the Official Gazette and in such other manner as may be determined by it inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification with amendments, if any, to the State Government for sanction. (1A) .********** (1AA) ********** (1B) ********** (2) The State Government may, make such inquiry as it may consider necessary and after consulting the Director of Town Planning by notification in the Official Gazette, sanction the modification with or without such changes, and subject to such conditions as it may deem fit, or refuse to accord sanction. If a modification is sanctioned, the final development plans shall be deemed to have been modified accordingly." (Emphasis supplied);