Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 1720 - HC - Indian LawsGrant of leave to the State Government to implement the policy of regularization of unauthorized/illegal structures in existence as on 31st December 2015 in the entire State. Held that:- While considering the applications for grant of development permission (for construction of buildings) made under section 44 of the MRTP Act, the Planning Authority shall have due regard for the provisions of the draft or final Development Plan made under section 22 - On the basis of an application for regularization, an illegal structure which could not have been otherwise permitted in accordance with the provisions of the MRTP Act or other statutes or DCR cannot be regularized. This Court relied upon a decision of the Apex Court in the case of Mahendra Baburao Mahadik and others v. Subhash Krishna Kanitkar and Others [2005 (3) TMI 806 - SUPREME COURT OF INDIA]. The Apex Court in the said decision has held that while considering an Application for regularization under the MRTP Act, no action can be taken by the Planning Authority contrary to the provisions of the MRTP Act and, therefore, it follows that regularization cannot be permitted contrary to the building bylaws or DCR which are framed under the MRTP Act. The impact assessment study ought to have been made before taking a policy decision. As held by this Court in the earlier order, regularizing a large number of illegal buildings which offend DCR will completely destroy the concept of Town Planning for which MRTP Act has been enacted. It will destroy the concept of Development Plan which is being implemented under the MRTP Act. The draft policy which seeks to provide regularization of illegal buildings contrary to the express provisions of MRTP Act and Rules and Regulations including DCR framed thereunder as well as other Statutes such as the Maharashtra Land Revenue Code, 1966 is arbitrary and illegal - we decline to grant leave to the State Government to implement the draft policy with the first Annexure thereto. No case is made out for granting leave as provided in Clause (xx) of the operative part of the order dated 28th, 29th and 30th July 2015.
|