Approval Granted By Pune Municipal Corporation To Straighten Ambil Odha Stream Valid
Case: Kishor Manohar Kamble and Anr v. Pune Municipal Corporation and Ors.
Coram: Justices R. D. Dhanuka and M. G. Sewlikar
Case No.: Writ Petition No. 7354 of 2021
Court Observation: “We do not find any infirmity in the approval granted by the respondent no.1 Corporation dated 5th November, 2020 for carrying out a change in the alignment of the Ambil Odha (stream) and also approval for carrying out a change in the alignment of the Ambil Odha dated 25th August, 2020 granted by the respondent no.2”
“There is no variation in the Development Plan of the year 2017 with respect to the proposal of the sanctioned Town Planning Scheme insofar as straightening of nalla is concerned”
“In our view, the respondent no.1 Corporation has rightly proposed to rectify the draftsman’s error by invoking Note no.1 of the notification of the sanctioned Development Plan of the 2017 to ensure that the ground elements are represented on the sanctioned Development Plan as they exist as per revenue / land records / sanctioned Town Planning Scheme. These rectifications of the draftsman’s error do not amount to modification under section 37 of the MRTP Act”
“In our view, the entire petition is based on erroneous premise that the final Development Plan under section 31 of the MRTP Act does not indicate any re-alignment (straightening) of the natural course of Ambil Odha from its existing “horse shoe” or “C” shaped stream.”
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