HC directs state to submit its say in drafting city development plan through CSMC

In response to a contempt petition filed in connection with the preparation of the City Development Plan (CDP), the state government has sought time to submit the role of the state government in preparing the plan of Chhatrapati Sambhajinagar as per the Town Planning Act. The next hearing on the petition will be held on June 15.

The Chikalthana-based Govind Bajirao Navpute filed a contempt petition through Adv Devdutt Palodkar. Accordingly, the hearing upon the petition was held in the Aurangabad Bench of Bombay High Court before Justice Mangesh Patil and Justice Abhay Waghwase.

It may be noted that a large number of irregularities took place in drafting the plan. As a result, the bench scrapped the plan and also froze the authority of the Chhatrapati Sambhajinagar Municipal Corporation (CSMC) preventing it from preparing the development plan. The bench also issued an order to appoint government officers to draft the plan as per the Town Planning Act and complete further procedures.

However, the then-mayor challenged the High Court’s order in the Supreme Court and the hearing continued for four long years. Lastly, the Apex Court upheld the decision of the High Court and rejected the plea filed by the mayor.

Implementing the High Court’s order, the state government, deployed an independent officer. It was expected to complete the plan at the government level. However, the state government gave the responsibility of preparing an integrated development plan (comprising old and new cities) again to the municipal corporation and appointed a special unit at the municipal corporation level for the task.

The contempt petitioner stated that the city’s development has been sealed due to the non-completion of the development plan. The state cannot relegate the authority of drafting the plan again to the municipal corporation when the High Court has already frozen the authority from it (municipal corporation).

Besides, after the verdict of the High Court and the Supreme Court, it was the responsibility of the state government to prepare and publicise the development plan on priority and also complete its finalisation process. Hence in this scenario, the act of giving the authority of preparing the plan again to the municipal corporation is contempt of the High Court’s order. The petitioner also cited other issues in support of his petition.