2012 (3) AIR Bom R 202

Bombay High Court

Hon'ble Judge(s): B. P. Dharmadhikari, A. B. Chaudhari , JJ

( A ) Maharashtra Gunthewari Development (Regularization, Upgradation and Control) Act (27 of 2001) S. 4 , 5, 6 — Maharashtra Regional and Town Planning Act (37 of 1966), S. 156 — Development Control Regulations (2000), Regn. 29 — Plots regularized under Gunthewari Regularization Act (2001) — Transferable Development Right (T.D.R.) purchased elsewhere — Cannot be allowed to be loaded on such gunthewari regularized plots — Regularization offered under (2001) Act is one time measure and deviation from Act (1966) — Gunthewari Act regularizes only certain otherwise illegal developments in larger public interest — Regularized gunthewari development cannot be treated as legal development under Act (1996) — Act (2001) does not affect scheme of S. 156 of Act (1966).Regularization offered Vide 2001 Act is one time measure and a deviation from 1966 Act or by creating an exception for it. Merely because gunthewari development of petitioners is regularized, for all purposes of Maharastra Land Revenue Code, 1966 that by itself is not sufficient to take out their area from agricultural zone, insofar as the D.C.R. 2000 for Nagpur City or the provisions of Maharashtra Regional and Town Planning Act, 1966 are concerned. Use of T.D.R. by persons like petitioners, whose developments have been regularized by showing leniency will add to mischief which is sought to be controlled or eradicated by enactment like Gunthewari Act, 2001. It may defeat p....