2012 (3) AIR Bom R 816

Bombay High Court

Hon'ble Judge(s): A. S. Oka, Sunil P. Deshmukh , JJ

( A ) Constitution of India Art. 243 -ZE — Maharashtra Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Act (12 of 1999), S. 9 — Maharashtra Metropolitan Planning Committees (Conduct of Meetings) Rules, 2005, R. 11 — Maharashtra Regional and Town Planning Act (37 of 1966), Ss. 14, 22 — Development plan — Metropolitan Planning Committee — Shall have regard to plans prepared by municipalities in the metropolitan area.Sub-clause (a) of clause (3) of Article 243-ZE of the Constitution of India provides that the Metropolitan Planning Committee, in preparing draft development plan, shall have regard to the plans prepared by the Municipalities in the Metropolitan area. Same is the requirement of clause (a) of sub-section (9) of the said Act of 1999 and sub-rule (2) of Rule 11 of the said Rules of 2005. Thus the provisions of Constitution of India contemplate that the development plans made by the Municipalities falling in the limits of the Metropolitan area will continue to remain in force. Therefore, merely because a Metropolitan area is constituted and a Metropolitan Planning committee is appointed for the said area, the sanctioned development plan does not cease to exist. It continues to remain in force. The only legal effect of notifying a particular area as Metropolitan area is that for that area, the Regional Board within the meaning of Section 4(1) of the said Act of 1966 ceases to exis....