From: bcsabha.kal...@gmail.com
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                                        HC says PIL  filed over draft plan is 
`premature'   
                                    
                                    
                                        
                                            
                                                
                                                    
                                                        
                                                            Rosy Sequeira  

                                                            
                                                            
                                                        
                                                    
                                                
                                                
                                                    
                                                        
                                                            
                                                                Mumbai: 

                                                            
                                                        
                                                        
                                                            
                                                                
                                                            
                                                        
                                                    
                                                
                                            
                                        
                                    
                                    
                                        
                                            
                                            
                                        
                                        
                                            
                                            
                                        
                                        
                                            
                                        
                                        
                                             The Bombay High Court on 
Monday said the state government has wide powers to accept or reject the
 draft development plan for Mumbai, while declining to entertain a 
public interest litigation challenging it.
    “How can we direct a 
fresh draft development plan to be prepared?'' asked a bench of Justice 
Abhay Oka and Justice C V Bhadang. NGO Vanshakti's petition said the 
draft does not take into consideration the coastal zone management plan 
maps which are required to identify coastal regulatory zone areas.



    Its advocate Gayatri Singh argued that the draft DP relies on the 
existing land use maps which have not identified the CRZ areas. She said
 failure to do so will legalise constructions after the 1991 CRZ 
notification.But the bench said the PIL was premature. “The whole thing 
is at a preliminary stage. You are assuming what the corporation has 
done is the gospel truth,'' said Justice Oka. To the court's query   , 
Maharashtra Coastal Zone Management Authority's advocate Sharmila 
Deshmukh replied the Coastal Zone Management Plan map is still in the 
draft stage and is not finalized.


    The bench said the BMC, the 
planning authority      , has called for objections and suggestions to 
the draft DP  . These will be forwarded to the planning committee which 
will make an enquiry after giving reasonable opportunity of hearing and 
submit its report to BMC. “Even at this stage, the planning authority 
can make modifications and changes,“ the bench added.


    The 
court said thereafter the draft DP has to be submitted to the state 
government and the government may reject, modify       , sanction a part
 or even return the entire draft DP   . “In case the planning authority 
retains it as it is, the government has power to reject the plan,'' it 
added. 

                                        



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