HC refuses to interfere with CIDCO’s plan to change public amenities plot usage

MUMBAI: The Bombay high court on Thursday dismissed a public interest litigation challenging CIDCO’s decision to alter reservation of plots which were earlier earmarked for public amenities in Nerul, Navi Mumbai.

Dilip K. Mandal, a social worker, had filed a public interest litigation against CIDCO (City and Industrial Development Corporation) and the state of Maharashtra, seeking the restoration of plots in Navi Mumbai reserved for common playground, police station, school and garden.

As per the draft development plan for the new town of Navi Mumbai, sanctioned on January 18, 1980, the plot in question was reserved for a playground, police station, school and garden, However, the Navi Mumbai Municipal Corporation (NMMC), issued a public notification in the newspaper on September 26, 2007, highlighting its intention to prepare and modify the development plan.

Senior counsel Atul Damle and advocate Jagdish G. Aradwad, representing Mandal, submitted that CIDCO had no authority to change the reservation in respect of plots, under the provision of the MRTP (Maharashtra Regional and Town Planning) Act, 1966.

Senior counsel for CIDCO established its authority to provide the reservation in respect of the plots, considering a separate layout has been indicated in the development plan, which no plot-wise provision made in the development plan.

The division bench of chief justice Alok Aradhe and justice Bharati Dangre stated that the nodal plans prepared by CIDCO only ‘earmarked’ and not ‘reserved’ the plots for the purpose of playground, police station, school, and garden. “CIDCO, being the New Town Development Authority, has flexibility to draw up a nodal plan, sector plan, or any other form of detailed plan or layout in compliance to the category of the sanctioned land use zone as per the Navi Mumbai Development Plan,” the court added.

The court dismissed the petition, stating there was no violation of the MRTP Act, restraining further interference in the matter. It also highlighted CIDCO’s alternate reservation plan, which encloses reservations for public amenities in the same land pocket.