April 21, 2015 12:47:22 am
The Bombay High Court directed the state to consider all objections and suggestions raised by the public before it brings into force the new Development Plan (DP) in accordance with law.
A public interest litigation has challenged state’s recently published draft DP saying it did not consider the coastal regulation zone (CRZ) notification.
Petitioner NGO Vanashakti, through its lawyer Gayatri Singh, argued that the draft DP mentions that CRZ notification 1991 in respect of CRZ-II has not been followed during the preparation of draft DP. The petitioner alleged that even the 2011 notification was not considered. “This is decided arbitrarily and the act of putting the draft DP for public consultation is illegal and irrational,” the PIL argued.
A bench headed by Justice A S Oka observed that the DP is a creation of the Maharashtra Regional Town Planning (MRTP) Act. The Act has a time-frame for dealing with the objection and suggestions and their finalisation, observed the court. The state was directed to consider every objection and suggestion received by it.
The draft DP 2014-2034 refers only to the Coastal Zone Management Plan maps under CRZ notification of 1991 and for delineation and demarcation of CRZ areas for the development of Mumbai till 2034, said the petitioner.
The PIL, however, argued that this could not have been done a the CRZ notification of 1991 has been superseded by the notification of 2011. “Accordingly, CZMP or CZMP maps as required under the CRZ notification, 2011 are required to be considered,” said the PIL.
Calling it “premature”, the Court said the petitioner could raise his concern before the authorities at the right stage and disposed of the PIL.
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