Rules were not bent to dezone extra land -- CM

Rules were not bent to dezone extra land -- CM
EXPRESS NEWS SERVICE

MUMBAI, SEPTEMBER 21: Maharashtra Chief Minister Vilasrao Deshmukh on Thursday denied rules were given the go by while releasing more 200 acres of farm land for residential purposes on the outskirts of Pune.

Reacting to a report in this paper yesterday, the Chief Minister's office issued a clarification confirming the report on the dezoning of additional land but maintaining that it was done within rules.

His office argued that the government was empowered to make the additions as per the relevant Act, forgetting the fact that the Act allows only deletions from the original proposals and never additions. There is no precedence to such addition anywhere.

Following is the text of the unsigned clarification:

``The news item is totally false and misleading. The Government has followed in letter and spirit all the provisions of Maharashtra Regional and Town Planning Act, 1966 (MRTP) in effecting to Regional Plan and according final sanction.

``While including 36 more villages in the expanding limits of the Pune Municipal Corportaion, the Corporation had submitted proposals on 4th September 1998 giving the proposed broad zoning taking into consideration the actual ground situation as well as residential and industrial requirements. The Government scrutinized the proposals and issued notice on 9th December 1999 under Section 20(3) of the MRTP Act 1966, inviting suggestions and objections for the general public in respect of proposed modifications in the regional plan.

The Government received 161 objections and suggestions and in order to consider the matter in detail, appointed Deputy Director of Town Planning as the Designated Officer empowered to scrutinize the suggestions and objections and submit detailed report.

The appointed officer gave full opportunity of personal hearing to all the concerned persons and after considering their suggestions submitted his detailed report on the proposed modifications. In his report, he had clearly stated that after considering the suggestions and objections, it is necessary from the planning point of view to include in the residential zone, additional area from 50 survey numbers which are already situated in the vicinity of developed areas. While according final sanction to the proposed modification under Section 20 (4) of the MRTP Act, the Government has duly considered all the suggestions and objections filed by the public, report of the appointed officer and also the considered opinion of the Director of Town Planning, Maharashtra State. It may also be noted that under Section 20 (4) of the MRTP Act 1966, the Government has full authority to approve modification with such amendments as it may consider proper and necessary. There is no need at all for again notifying the requiredchanges, as contended in the report.

Regarding the specific instances, pointed out in the report, it is clarified that there were four applications from different persons in respect of lands from Survey No. 99 (part) and Survey No. 100 (part) of Village Warje, requesting that these lands be included in Residential Zone. After hearing the persons and verifying the facts, these lands were found to be adjoining Katraj-Dehu Road and in the vicinity of already developed area. The officer, therefore, recommended that these lands may be included in Residential Zone.

In respect of lands out of Survey Nos. 13, 14, etc. of Village Shivne, they happen to be abutting the gaothan proper and are situated next to the residential zone of already sanctioned Regional Plan. The appointed officer has, therefore, rightly recommended inclusion of all these lands in residential zone, as requested by the land owners.

``It may be pointed out that the primary objective of the modifications carried out by the notification dated 7th August 2000 in respect of 36 newly added villages in Pune Municipal Corporation is to ensure planned development of the area in terms of MRTP Act 1966. After the broad zoning is so identified, the detailed Development Plan exercise is to be undertaken by the Pune Municipal Corporation for this area. Thus, this is basically an enabling exercise to help the Pune Municipal Corporation to make micro plans for the newly added area. It is, thus, clear that the public, at large, is the beneficiary of this public exercise and also the participants in the same. It is totally false and misleading to allege that this is a surreptitious exercise to release 200 acres of farm lands for residential construction to builders. The land-owners themselves, who come in the residential zone, are totally free to develop their lands after preparation of Development Plan by the Pune Municipal Corporation.''

Our reporter Satyajit Joshi replies: Here comes the official admission that large-scale additions were made by the government while releasing the list of surveys dezoned for residential use in the final notification of August 7.

Now as for the justification of the additions. The clarification does not address the elementary principles and provisions of law. Section 20 (4) of the Maharashtra Regional and Town Planning (MR&TP) Act, 1966, empowers the government to `modify' its original proposals, all right. But this means deletion of proposals and never additions.

Consider this hypothetical scenario: The government issues a public notification declaring its intention to dezone five surveys, say, one to five and appoints the deputy director, town planning, to record suggestions and objections from public and send his report to the government. He cannot, as per the specific brief given to him, entertain any `suggestion' from anybody at this stage to include survey 6 as well. If the officer illegally transgresses his brief and includes the survey in his recommendation, the government is not empowered to take any decision on this additional survey because it has not given the public the opportunity to give their suggestions and objections vis-a-vis survey six, thus violating the provisions of the very section 20 which the clarification is citing.