2017 (5) ABR 501 ::(2018) 1 AllMR 44 (BOM) ::(2018) 2 Mah LJ 116

Bombay High Court

Hon'ble Judge(s): A. S. Oka, Anuja Prabhudessai , JJ

(A) Maharashtra Regional Town Planning Act (37 of 1966) S. 44, 46 ' ” Maharashtra Land Revenue Code (41 of 1966), S. 20 ' ” Constitution of India, Art. 14 ' ” Regularization of unauthorised, illegal structures ' ” Draft Policy of State Government permitting regularization of constructions made contrary to Development Control Regulations, Provisions of Maharashtra Land Revenue Code (1966) and other statutes, subject to NOC from Competent Authority ' ” Is arbitrary and violative of Art. 14 of Constitution of India ' ” Such Draft Policy will completely destroy concept of Town Planning. Draft policy which seeks to provide regularization of illegal buildings contrary to express provisions of MRTP Act and Rules and Regulations including DCR framed thereunder as well as other Statutes such as Maharashtra Land Revenue Code, 1966 is arbitrary and illegal. Regularizing illegal structures erected on public properties by suggesting that persons who have erected illegal structures can get land transferred in their name from public authorities is violative of Art. 14 of Constitution of India. Regularizing a large number of illegal buildings which offend DCR will completely destroy concept of Town Planning for which MRTP Act has been enacted. It will destroy concept of Development Plan which is being implemented under MRTP Act. (Paras 37 to 41) .....