Pune’s development plan faces legal issues
The Development Plan (DP) for Pune old city area has missed another deadline on September 28, 2013. Pune Municipal Corporation (PMC) and as the state’s town planning department have failed to submit the DP Before the state government and are likely getting into legal hassles.
PMC, being the planning authority for preparing the DP, had published the draft as per the Maharashtra Regional and Town Planning Act (MRTP Act) on March 28, 2013. Further, according to the Section 30 of the Act, the planning authority has to table the draft DP for sanction within six months from the date of publication. However, the state may extend this period by a maximum of six months if the civic body files an application in this regard.
No extension sought
Conversely, the PMC has neither carried out further process to publish the DP nor has it asked for extension from the state government. Even though, if it is given the maximum extension, the PMC has to submit the draft DP before March 28, 2014.
Meanwhile, the town planning department has to appoint the planning committee to collect suggestions and objections on the draft DP and submit them to the PMC. It has to be considered that the civic body should get the report by December 28, 2013. In less than a month’s time, draft DP should be finalised and once the report is submitted, modifications should be made. At least one month prior to the submission to the state, i.e., by February 28, 2014, the PMC has to publish the modified DP.
Planning committee members yet to be appointed
The planning committee plays a major role in the DP. It consists of seven members, including three from the PMC standing committee and four other experts. The MR & TP Act states that four members on the committee should possess special knowledge or practical experience of matters relating to town and country planning or environment or relating to both.
Town planning officials said that there has been delay in appointing the planning committee members as the matter was under judicial consideration. The PMC too gave the same reason for not asking the state government to extend the deadline. Meanwhile, former corporator Ujwal Keskar and others have filed public interest litigation in the Bombay high court against the PMC for not following the rules while approving the DP.
DP mired in controversies
The DP spanning 2007-2027 for the old city area has landed in a slew of controversies with political parties, civic organizations, activists and experts pointing out bias and alleging monetary transactions in imposing and vacating reservations for amenities.
PMC may depart
On the basis of the MR & TP Act, at any stage of preparation of the draft DP, if the time fixed under the Act lapses, the planning authority (the PMC) shall be deemed to have failed to perform its duty imposed upon it and the state town planning department can take over the DP and complete the further process. With this condition, it is possible that the state town planning department may take over the DP and the PMC may have to give up the further process, opine experts.
