ECF petition on hilltops rejected

Advocate Anil Anturkar appearing on behalf of the ECF argued that the government gave no reason while inviting suggestions and objections from citizens to their proposal to allow 20 per cent residential construction on hilltops and hillslopes within the municipal limits of Pune. He said the hills were the lungs of the city and, therefore, cannot be opened for concretisation without the government telling the citizens what prompted them to initiate the move 10 years after the development plan for the city was gazetted.

Anturkar also argued that the government while initiating the proposal also did not explain what public interest was intended.

Advocate General Sawant argued that it was not necessary for the government to explain the reason behind such a move when suggestions and objections are invited from citizens. “We will not then be able to run the government if we do so,” he emphasised and maintained that this was an administrative action.

Their lordships while dismissing the petition ruled that it was premature when objections have been called for. Since now the government has extended the time for filing suggestions and objections and as the government cannot be called upon to disclose norms, the petitioners and others were at liberty to raise all objections including that there was no public interest in the move.

“Undoubtedly, all objections will be considered on merits,” their lordships observed.

It may be recalled here that the State Government has proposed to allow residential construction on hilltops-hill slopes suggesting an amendment to the PMC’s Development Control (DC) rules. The intended amendment reads: “Owners shall be allowed to utilise 20 per cent floor area ratio (FAR) for residential use, as an incentive, subject to condition that trees at the rate of 500 trees per hectare shall be planted.”

In June 1997 the State Government had directed the Pune Municipal Corporation (PMC) to issue a notification under Maharashtra Regional and Town Planning (MRTP) Act, Section 37 inviting suggestions and objections to the proposal. When this was not done in 60 days, the State Government itself issued the notification claiming “expediency.”

This was for the first time in the recent past that the State Urban Development Department had intervened in the PMC’s functioning by invoking powers conferred upon it under Section 37 of the MR&TP Act. The notification was published in the local newspapers on December 18 asking the citizens to file their suggestions and objections with Deputy Director of Town Planning V N Chaudhari.

Chaudhari was directed to process the suggestions and objections, hold depositions and submit a report to the State Government through the Director of Town Planning, Pune, and not the PMC.

Till May 1997, no provision existed in the PMC’s DC rules allowing any type of construction activity on hilltops and hillslopes. The DC rules were modified and approved by the State Government in June 1997. In the modified DC rules the municipal administration made a provision permitting constructions of certain amenities upto four per cent of the total area of hilltop and hillslopes.

It was clearly stated by the PMC that “the maximum floor area ratio (FAR) shall not exceed four per cent of the plot with ground floor structures without stilts.” Further constructions would be restricted to certain amenities like swimming pool, gymnasium, health club, cafeteria, canteen and amusement park. Residential constructions were strictly barred.

The State Government’s order dated June 26, 1997 – issued in less than three weeks of the DC rules modification – met with sharp criticism from the corporators at PMC. Despite the PMC general body pointing out to the government through a motion passed at its meeting in January 1998, that Puneites were opposed to the move, the State government decided to go ahead with the process of inviting suggestions and objections.

Meanwhile, Town Planning Deputy Director V N Chaudhari today began hearing suggestions and objections from citizens on the State Government move. Thirty five persons were called for deposition today and the officials told The Indian Express that “the attendance was about 80 per cent.” Hearing of citizens’ depositions will continue tomorrow as well.