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Hindustan Times
01-07-2025
- Politics
- Hindustan Times
Delay in draft DP due to pandemic: TMC tells HC
MUMBAI: The Thane Municipal Corporation (TMC) informed the Bombay high court that the delay of two years in publishing its draft development plan (DP) was due to the Covid-19 pandemic. The statement came in response to a petition challenging the legality of its draft DP published in October 2024. The statement came in response to a petition challenging the legality of its draft DP published in October 2024. (Shutterstock) The petition, filed through advocate Pravin Wategaonkar, claimed that the draft DP was published beyond the two-year time limit mandated under the Maharashtra Regional and Town Planning (MRTP) Act and, therefore, was untenable in law. TMC has, however, sought to exclude the period from June 2021 to March 2022 from the period. The Maharashtra Regional Town Planning Act (MRTP) on October 11, 2024, via a notice, proposed a land to be converted from garden to residential use under the DP. Ravindra Mahadev Patil, a Thane resident, highlighted that the Unified Development Control & Promotion Regulations (UDCPR) for Maharashtra, 2020, prohibits any construction within 100 metres of the high flood line of natural lakes in regional plans. Patil stated that the proposal was published after the expiry of the mandatory 3-year timeframe, hence, prima facie it was illegal. Notably, the MRTP Act lays down a time period of two years, extendable by 12 months, for publishing DP. Patil alleged that the administrator did nothing for about 15 months after the end of Covid restrictions in April 2022. He pointed out that the MRTP Act lays down that if time fixed for doing anything lapses, the planning authority is deemed to have failed and remaining work shall be automatically transferred to authority mentioned under the provisions of the Act. Kunal Muley, deputy director of Town Planning, in his affidavit stated that the Constitution of India specifically states that every municipality, unless sooner dissolved, shall continue for five years from the date of appointment. He clarified that the TMC had resumed its duties as administrator immediately after the expiry of the prescribed term on March 5, 2022. Muley further submitted that the DP expired on June 16, 2023. However, due to the Covid-19 pandemic, the computing period in publishing the DP should be calculated after deducting the period of pandemic - 287 days (from June 17, 2021 to March 31, 2022), which was specifically informed by the state government on October 21, 2022. Since the DP could not be published within the time limit - March 31, 2024 - the TMC sought extension of the original time limit by a year, which was granted till January 19, 2025. After considering the environmental impact, the TMC successfully completed the preparation of the DP and published it on October 11, 2024. Praying for the dismissal of the petition, Muley concluded, 'All statutory provisions in respect of preparation of draft development plan have been duly followed by the corporation and there is no lacuna on its part. The petitioner had failed to consider the various provisions of the Act and filed the petition on misconceived fact'.
Time of India
19-06-2025
- Politics
- Time of India
Katargam residents protest SMC's land possession drive
Surat: Hundreds of residents from the Katargam area gathered outside the Surat Municipal Corporation (SMC) on Thursday, staging a dharna in protest against the civic body's move to take possession of land declared reserved under Town Planning (TP) schemes 49, 50, and 51. The protesters, many of whom have been residing in the area for over two decades, alleged that their residential societies have been unjustly marked as reserved plots following recent modifications to the TP schemes. A memorandum listing their demands was submitted to deputy mayor Naresh Patil, in the absence of mayor Daxesh Mavani. The residents argue that although their homes were not under any reservation for years, changes made to the TP schemes three years ago have now left them vulnerable to eviction and land acquisition. They are demanding that the possession process be immediately halted. Following the protest, BJP leaders took up the matter with Union jal shakti minister CR Paatil. "The minister assured us that no further steps will be taken to acquire the reserved land. He has also promised to raise the issue with the state government," said Narendra Pandav, a BJP municipal councillor. Pandav added, "Thousands of people are affected by these changes. We will urge the govt to investigate what went wrong and demand action against those responsible." In recent months, former Katargam BJP MLA Nanu Vanani, who also served as a minister of state in Anandi Patel's govt, has extended support to the residents. Vanani has led delegations and made multiple representations to various authorities on the issue.
Time of India
19-05-2025
- Business
- Time of India
Civic body faces legal dilemma over impact fees for shops on Saijpur lake land
Ahmedabad: A controversy has emerged regarding the collection of impact fees for shops built on Saijpur lake land, as the Ahmedabad Municipal Corporation (AMC) grapples with the legality of constructions built on waterbodies. The dispute involves around more than 40 shops that were built and sold by the Saijpur Bogha municipality around 1980 on what was designated as lake land. The area later came under the jurisdiction of the AMC. These shopkeepers have now applied to the AMC for impact fees to regularize illegal extensions on the existing structures, creating a complex legal situation. According to AMC sources, while the area is marked as a lake on the Town Planning (TP) scheme map, revenue records show it as govt wasteland. The lake, which falls under Final Plot No. 24 of TP Scheme No. 35/2, spans 49,355 sq m and has since been developed as a recreational space. "According to the state govt laws, impact fees cannot be collected for constructions on lakes or govt land," said a senior AMC official who requested anonymity. Despite the shopkeepers having purchased the land from the municipality, it remains govt property, and AMC cannot collect impact fees without the collector's opinion. The situation highlights a broader issue facing the AMC. In 2022, the corporation identified 142 waterbodies in Ahmedabad, but possession requests for 33 of these were denied by the collector's office, with 26 locations reportedly having no lakes. While the AMC has developed Saijpur Lake into a public space, the status of the shops and their illegal extensions remains in limbo. The validity of the original lease and sale agreements made by the former municipality is also under scrutiny. The matter remains under discussion as authorities work to resolve the complex legal and administrative challenges surrounding these old property transactions on protected land. The resolution could set a precedent for similar disputes.
