TMI Blog1962 (1) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... dation therefor in the pleadings, as to how merely challenging the said provision would suffice when power to issue directions is conferred under the MRTP Act and other provisions of the Maharashtra Metropolitan Planning Committee Act, it would not be proper to go thereinto. It was furthermore observed : Section 37(1) read properly and as a whole confers an independent power on the State government to issue directions to the planning authority to set in motion the procedure for effecting modification of any part of, or any proposal made in the final development plan, provided, of course it is of such a nature that it will not change the character of the development plan. Section 37(1AA) although opening with a non obstante clause cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Writ Petition No. 482 of 2005 and has reserved judgment. Mr. Shanti Bhushan, learned Senior Counsel appearing on behalf of the petitioners, submitted that the hallmark of Seventy-third and Seventy- fourth Amendments being democracy at the grass-root level; the Municipal Corporation having the popular mandate alone has the competence to make subordinate legislation as regard town planning, as would appear from Article 243W as also Item Nos.1 and 2 of the Twelfth Schedule of the Constitution of India. In terms of Article 243Q of the Constitution of India, municipalities are to be constituted. A Municipal Corporation may be constituted for a larger urban area, in terms of the provisions of Article 243P of the Constitution. The Bombay M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd use and construction of buildings etc. The existing provisions of the statutes which govern the field, in our opinion, unless a statute is enacted by the State Legislature in terms of Article 243W of the Constitution of India would continue to operate in the field. In view of the fact that the validity and/or interpretation of the MRTP Act and/or the regulations framed by the State are otherwise pending consideration before this Court, entertaining this special leave petition at this stage, in our opinion, would not serve any fruitful purpose. We have noticed hereinbefore that the petitioners had not laid any foundation on facts in the writ petition so as to comprehensively question the vires of the existing statutes in terms of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law made by the State in terms of Article 243W or the Twelfth Schedule would not serve the purpose. We have referred to non-holding or late holding the elections at the gram panchayat as also municipal level only for the purpose of showing that even in such a case, the operation of the existing statutes or implementation thereof has not been held to have ceased. Thus, unless an appropriate case is made out for issuing a direction upon the State to make a legislation in terms of Article 243W read with Twelfth Schedule of the Constitution of India, prima facie the provisions of the Act as also the rules and regulations framed under the MRTP Act relating to town planning as well as the land use or the building plans have not become otiose. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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