Residents of Aarey Colony, who had been raising objections regarding setting up a Metro car shed in the area, on Thursday alleged that by a notification on November 9, 2017, the state wanted to amend the Development Plan, 2034, to change the use of a plot in the locality as reserved for the shed. The petitioners filed an affidavit in the Bombay High Court on Thursday alleging that the reply filed by the state on March 5 said that by a notification dated November 9, 2017, the state had sanctioned the Development Plan (DP) 2034 and this, they alleged, was done just for changing the land use of the depot proposed in Aarey Colony.
The state in its affidavit filed on March 5 said: “… the Government in UDD has sanctioned the Draft Revised Development Plan partly under the provision of Section 31 of the Maharashtra Regional and Town Planning Act 1996 notification dated November 9, 2017, in which the planning proposal in respect of the Metro Car Shed on reference land (Area 33 Hectares) has been sanctioned.”
The petition states that the state has modified the Draft DP-2034 and changed the land use from Green Zone (GZ) to Metro/Mono Car Shed. It said: “The notification dated November 9, 2017 has been hurriedly notified with a view to defeat the present Petition and by giving a complete go-bye to the Law.” The petitioner’s lawyer, Sayeed Mulani, informed the court that such notification will make their petition infructuous.
The court was hearing the petition filed by Amrita Bhattacharjee and Biju Augustine, part of an informal “Save Aarey” initiative, to challenge the notification of August 24, 2017, issued by the State Government of Maharashtra through Urban Development Department (UDD) modifying the sanctioned revised DP for Aarey by deleting 33 hectares of land from no development zone to reserving it for metro car depot/workshop, allied users.
A bench of Justice S C Dharmadhikari and Justice P D Naik, allowed the petitioners to amend their petition following the notification pertaining to DP-2034. The petitioners will now, along with the notification of August 24, 2017, also challenge the notification of November 9, 2017. State government counsel Abhay Patki told the court if the petitioners challenge the notification of DP-2034 then the state will have to file a reply. The state will file reply on the next hearing on March 20.