HC orders deputy director to finalise the rough draft of city development plan

Chhatrapati Sambhajinagar:

The Aurangabad Bench of Bombay High Court comprising Justice Ravindra Ghuge and Justice Y B Khobragade (on October 25) has ordered the Deputy Director (Town Planning) Mohammed Raza Khan (and the head of DP Unit deployed in the Chhatrapati Sambhajinagar Municipal Corporation) to complete the last segment of the rough draft of the city development plan and as per the provision of the act publish the plan and then submit it to the state government for approval.

The High Court also ordered to serve notices to the respondents and they will have to submit their reply by December 13, 2023.

The order stated that the state government should take action as per the Supreme Court’s order dated April 17, 2020 and various orders given by the High Court in the past.

The bench also stated that the fate of the government's order dated 31st August, 2023 of appointing the respondent Shrikant Marutirao Deshmukh as 'Special Officer' will be subject to the final outcome of this petition.

The court gave order in response to the petition filed by Vinod Gangabishan Agrawal through Adv Sandeep Sapkal.

The senior counsel V D Sapkal represented the petitioner, while assistant public prosecutor P K Lakhotiya pleaded on behalf of the government.

Background of the DP Plan

The Deputy Director Raza Khan had prepared the development plan in 2015, but the general body, although has no authority, tempered the plan. The matter then went into the High Court and it termed the act as unlawful. Later on, the then mayor challenged the decision in the Supreme Court. During the hearing, the state government sought permission from the Apex Court to prepare an integrated development plan of the old city as well as of the extended part of the city. Meanwhile, the Satara-Deolai has also been included in the new development plan.

To prepare the integrated development plan, the state government has deployed a DP Unit headed by Deputy director (Town Planning) and set up the office on CSMC campus on August 2, 2021. Accordingly, the section appointed Raza Khan on May 12, 2022.

Recently, when a petition was filed challenging the development plan in the High Court, the bench has ordered the state government to appoint an independent officer to complete the development plan under Section 24 (1) and 162 of Town Planning. It also ordered Raza Khan to hand over all the work responsibilities in three months to the independent officer.

Meanwhile, Vinod Agrawal filed a writ petition in the High Court. Hence the bench gave the order.