SC imposes Rs 1.2 lakh on state over Aurangabad’s development plan reply
The Supreme Court on Monday imposed Rs 10,000 per petition cost on the state government for seeking time yet again to file its reply to 12 special leave petitions (SLPs) filed in the apex court about the draft development plan for the city.
The court had told all 12 parties, including the state government, to file their final replies in the petitions on November 7, 2016, when the petitions came up for hearing on Monday, the government sought time to file its reply. The state government, on two earlier occasions, had sought time to file its reply to the SLPs filed by the mayor challenging the Aurangabad high court bench’s verdict rejecting the draft development plan approved by the civic body.
The Supreme Court bench comprising justices Madan B Lokur, Abdul Nazeer and Deepak Mishra, in the order passed on Monday, said, “There is a letter for adjournment by the State of Maharashtra even it was made clear on 07.11.2016 that no adjournment will be granted. The matter is adjourned for ten weeks subject to payment of costs of Rs 10,000 per petition to the Supreme Court Legal Services Committee within four weeks from today for utilization of juvenile justice issues.’’
The apex court, on November 7, 2016, made it clear that `no adjournment would be granted’, Devdatta Palodkar, who represented the original petitioners, Govind Bajirao Navpute and Syed Sarwat Begum Arif Hussain, said. Twelve SLPs were filed challenging the high court verdict. While 10 SLPs were filed by the AMC through the then mayor Trymbak Tupe a fresh SLP was filed by a property owner saying that he was not given the chance to be heard by the high court. Navpute and Sarwat Hussain too filed a caveat in the Supreme Court and subsequently appeared during the hearing on the SLPs.
Following their petition, the high court had, on August 5, 2016, quashed and set aside the Aurangabad Municipal Corporation (AMC)’s draft development plan and notification issued on February 4, 2016 for large-scale deviation from the proposal and scheme within the MRTP Act of 1966. This was a huge setback to some civic officials and corporators.
Former municipal commissioner Om Prakash Bakoria, while supporting the original petitioner’s contention, on October 17, 2016, had filed an affidavit in the Supreme Court. He took a stand different from the mayor’s. Bakoria stated that, “I have gone through the Aurangabad bench of the Bombay High Court and other connected petitions. Having accepted the said judgment, I have decided not to challenge the same by way of filing the special leave petition before the Supreme Court.’’
The apex court then allowed the deletion of Aurangabad Municipal Corporation (AMC) as petitioner in the SLPs.