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9. On 17.8.2005, this Court admitted the petition for final hearing and observed that the it proposed to dispose of the same by a comprehensive judgment and order covering various aspects relating to town planning, traffic regulation, hawkers problems etc. The matter then came up on 20.3.2006 and it was adjourned for four weeks. On 17.4.2006, the learned Counsel for respondent No. 3 -Municipal Council filed comprehensive reply and this Court insisted upon response on the part of the State particularly from the Departments of Urban Development, Revenue and Forest, which are ultimately responsible for the affairs of the Municipal Councils and Collector because of powers under Section 308 of Maharashtra Municipalities Act with him. The reference has been made to the earlier orders mentioned above and need of joint committee of responsible officers from all these departments to monitor problems pointed out in the petition. The problems like illegal construction, dumping of garbage and wastes, prevention of air and water pollution, traffic management and regulation have been summarized in the said order . It has been observed that the Collector did not file any return touching any of these points. The learned Counsel for the petitioners undertook to prepare a compilation of authorities in this respect. The matter was then adjourned to 27.4.2006. However, it could be taken up on 5.5.2006. On the said date, the learned Counsel for the petitioners submitted his compilation of case laws with brief points for arguments and matter came to be closed for judgment.

11. The Sub-Divisional Officer has filed affidavit on 31.7.2004 mentioning the action taken for removal of encroachment and also notices issued by the Municipal Council to get the places of parking cleared. The same officer has filed further affidavit on 2.9.2004 pointing out the demolition of construction inconsistent with sanctioned plan and opening or clearing of parking space. The detailed reference to these replies is not necessary because the last report filed by the Municipal Council in pursuance of order dated 17.8.2005 again covers all these aspects. In the said report filed along with affidavit dated 15.4.2006, the Municipal Council has given the details of action taken till date regarding removal of encroachment, solving of parking problems, trafficregulation , hawkers problems etc. The action which was then incomplete & was being continued has also been pointed out and future course of action is also indicated. It is stated that the report also consists of suggestions in this respect by the authorities supervising action to be taken against erring subordinate officers and also about constitution of authorities to take up and follow up measures in this respect i.e. traffic problems etc. The requirement of machinery for encroachment removal has been highlighted and need of coordination in procedure of conversion of agricultural land for nonagricultural purposes and the procedure for sanctioning of lay out, need of IRDP(integrated road development project) has also been commented upon. There are various other factors also to which said report makes reference. Detailed reference to all these factors at this stage is not necessary. The cognizance of suggestions made by the Municipal Council in this respect will be taken while considering that particular issue little later in this judgment.

32. The significance of a development planning cannot therefore be denied. Planned development is the crucial zone that strikes a balance between the needs of large-scale urbanization and individual building. It is the science and aesthetics of urbanization as it saves the development from chaos and uglification. A departure from planning may result in disfiguration of the beauty of an upcoming city and may pose a threat for the ecological balance and environmental safeguards.

18. It is, therefore, clear that the provisions of Regional Town Planning Map and also Development Plan are important while considering the issues and problems which arise in area of Respondent No. 3 -Municipal Council. The various problems faced by Municipal Council are narrated by it in its report which is filed by Municipal Council before this Court. In this respect, the Hon'ble Apex Court has in ruling between Padma v. Hiralal (supra) held that a Court while hearing Public Interest Litigation acts as sentinel on the qui vive discharging its obligations as custodian of constitutional morals, ethics and rules of conduct. It can, after giving notice to parties, enter into issues wider than those raised in the PIL. The orders of this Court mentioned above passed from time to time definitely widened the scope of present Criminal Writ Petition and parties already had adequate notice thereof. In this background, it will now be appropriate to refer to report filed before this Court by the Municipal Council. In the said report, at Annexure A, the details of roads which are widened after the High Court directions are given. Those roads are (1) Gillan Chowk to Dastgir Dargah; (2) Gandhi Chowk to Girnar Chowk via Sarafa line; (3) Jatpura Gate to Ramala Water Tank; (4) Jatpura Gate to Sant Kanwarram Square and thereafter Hanuman Mandir to Old Warora Octroi Post; (5) Jatpura Gate to Bank of India via Panchsheel Chowk; (6) Shri Krishna Talkies to Laxminarayan Temple; (7) Kasturba road; (8) Natraj Talkies to Ayyappa Temple; (9) Anchaleshwar Gate to Bagla Square; and (10) Bus Stand to W.C.L. Rayatwari. The Municipal Council has also given details of works under progress and those works include verification of unauthorised construction and issuing notices to them as per law, to decide on report of Committee about parking stations, to find out ways and means for regulation of traffic by identifying roads with heavy traffic load, identifying parking lots and developing of parking there, development of roads which are widened, removal of electric and telephone poles which have come in middle of road because of road widening. The Municipal Council has also given details about removal of encroachment. It has been stated that about 50-55% of the land in Chandrapur town is of Government and steps to remove encroachment on Government land are to be taken by the Collector as per Government Circular dated 17.2.1982. The Municipal Council has been providing machinery and labour for removal of such encroachments and is also pointing out such encroachments from time to time to the revenue department. The Municipal Council has its own encroachment removal squad for removing encroachments on public road and from footpaths. The Municipal Council has also pointed out how it is helping State Government in the matter of removal of encroachments. It has also placed on record the details of encroachments removed by it in the year 200506. It has pointed out that after encroachment takes place, its removal is opposed by interested citizens and politicians interested in them. Hence, precaution is being taken to see that the encroachment is removed immediately or at least on next day. It is further stated that because of heavy workload with Junior Engineer on several occasions, such instant removal does not become possible. It is stated that after the encroachment is removed, the material is seized and after receiving nominal fine and administrative charges, the material is returned back. The Municipal Council has suggested that if the amount of fine is substantial, encroachment can be controlled. It is further stated that while granting sanction for construction, initially structure only upto plinth level is sanctioned and after receipt of application for permission to construct further, the competent officer inspects the plinth and thereafter only question of grant of further permission is considered. About illegal sanction to construct, it has been stated that every year office of Joint Director, Town Planning, Nagpur Region, Nagpur, looks into the cases of sanction and the Town Planning Department has also made available technical staff for scrutiny of such cases. It is further mentioned that from April 2006, the scrutiny has been started in new manner using a new proforma so as to make it more effective. Steps being taken for breach of Town Planning Act provisions and provisions of Maharashtra Municipalities Act are also pointed out. However, it is stated that no steps are taken for recovery of expenditure incurred in the process and it is necessary to give special powers to Municipal Council to recover such expenditure from wrong doers. A Committee with Administrative Officer as its Head and Town Planner, City Engineer, Health Inspector as Member has been suggested because Chief Officer has got heavy work load and has to supervise working of entire Municipal Council. It is suggested that such Committee has to hold meeting at least once in every month and take review of illegal unauthorised construction, encroachment and also prescribe course of action in the matter. It is also stated that such Committee should also in next meeting take review of steps accordingly taken by Municipal office and to find out persons who have avoided their responsibility in the matter. About Supervision and Controlling of parking problem in Chandrapur, Municipal Council has stated that under the Chairmanship of Sub-Divisional Officer, Chandrapur with Traffic Inspector, Chief Officer as members, a committee has been constituted and such Committee is looking into the issue. The Collector is also stated to be holding meeting with Police Superintendent, Transport Officers to find out solution to parking problem. It is stated that to stop entry of private buses into town, Municipal Council, District Administration and Police Administration had suggested allotment of Government land on Mul road for private bus stand and it was also developed to certain extent but later on, District Court has given interim orders in the matter and hence further development could not take place. About the traffic problems, it is stated that roads are developed/ constructed under Integrated Road Development Project and Municipal Council has submitted a Scheme worth Rs. 73.69 to State Government for that purpose. The State Government has not yet sanctioned that scheme. It is further stated that if Maharashtra State Road Development Corporation constructs fly over in Babupeth area at Bagla Square on Railway Crossing Gate No. 43-A, the traffic congestion would be substantially reduced. About the problem of hawkers, it is stated that the Municipal Council is making available small blocks for such hawkers and construction of 24 such blocks near Super Market is going on. It is further stated that construction of 12 such blocks near Jatpura Kanji and 30 such blocks at Ramnagar Patesar shall be commenced because work orders therefor are already issued. It is further stated that land is being made available for creating hawkers' zone by the Municipal Council. In relation to sanitation and associated problems, the Municipal Council has stated that the town does not have facility of underground drainage. The Scheme has been proposed and its budgeted value is Rs. 24 crores. If the funds are made available, the work can be undertaken. In relation to disposal of solid waste, it is stated that the present arrangement & establishment is insufficient because of increase in population and hence Municipal Council has demanded Government land of about 8 Hectares in 2002 from the Revenue Department. The said land has been handed over to Municipal Council but it has got encroachment of brick kilns. The revenue department has been informed to remove that encroachment. The Municipal Council has also stated that the funds are required for undertaking the work of development of new establishment for disposal of solid waste. The Municipal Council has also stated that it requires machinery for removal of encroachment. The Municipal Council does not possess any machinery of its own and it is required to be taken on hire. The Municipal Council has stated that if a machinery for this purpose is provided with the authority constituted at District level for all Municipal Councils, Gram Panchayats and other Government lands which consist of employees/ representatives of all these bodies, the political pressure can be avoided and the action can be taken more effectively. About the role of Municipal Council in the matter of sanction of lay outs, the Municipal Council has stated that the permission for conversion of agricultural land to non-agricultural purposes is to be moved by the owner to the Planning authority i.e. Municipal Council and he has to obtain provisional permission first. Thereafter, he has to apply to revenue department for non-agricultural permission and after getting that permission, he has to prepare the lay out by making provision for roads and open to sky lands for public utility etc. There has to be a final inspection and measurement and thereafter roads, canals and open land are to be handed over to local body/ planning authority for its maintenance. The Municipal Council states that owners straightway approach the Revenue Department along with their lay out and seek non-agriculture permission. The Revenue authorities call for "No Objection" from Town Planning, Municipal Council and other allied officers and in many cases without waiting for No Objection Certificate from Municipal Council, non-agriculture permission along with permission to proposed lay out is granted. It is stated that because of this, the roads developed or proposed by Planning authority and open land therein do not coincide / match with roads and open lands in proposed lay outs or adjacent lay outs. It is further stated that inspite of this, the Municipal Council is required to provide basic amenities to the persons purchasing plots in such lay outs. The Municipal Council, therefore, has suggested that if provisional permission is granted by the Municipal Council, then such order must be annexed by owner while applying to revenue authorities. It is further stated that because of absence of co-ordination between various authorities in this respect, builders/ developers get benefit and extent of common area required to be left open or roads is reduced. The Municipal Council has also suggested that Chief Officer and Municipal Council should be given power to compound in certain circumstances and these powers should not be with Regional Director of Municipal Administration. It is stated that if these powers are given to Chief Officer, several people will come forward to take occupancy certificate and Municipal Councils will also get funds in the process. Same power is also claimed in relation to construction in excess of FSI or FAR where construction has been done without obtaining previous sanction. The Municipal Council has also narrated an instance in which old government building which was obstructing the work of road widening near District Sports complex was not demolished by PWD and was ultimately demolished by the Municipal Council and a Legislative Assembly question was then raised in the matter. In short, the Municipal Council has pointed out absence of coordination even in this respect. The Municipal Council has also suggested that the arrangement of Satellite Survey at least once in a year should be made to find out the extent of construction which have come up and also the extent of encroachment and necessary funds for that purpose should be made available.

19. From the above, it is apparent that the Municipal Council is facing problems arising out of or about preparation of lay outs in non-agriculture lands, removal of unauthorised structures, encroachment on public lands and nuisance of hawkers , Regulation of traffic and obstruction to such traffic because of encroachments and hawkers, problem of parking and absence of separate alternate site for private buses parking , need of underground drainage/ sewage & disposal of solid waste. The Municipal Council has also pointed out that electric poles and telephone poles which have come in the middle of road and causing obstruction to traffic also need to be removed. In the facts of present case, the order of Sub-Divisional Magistrate in favour of present petitioners under Section 133 and 143 of Code of Criminal Procedure has attained finality and it is not in dispute. However, that alone is not the subject matter and we are required to point out that there are various provisions like Section 167 of Bombay Police Act which require police authorities to regulate and control traffic and to maintain order in traffic on public roads. Similarly, the provisions of Motor Vehicles Act, particularly Sections 122, 127 and Rule 222 of Maharashtra Motor Vehicle Rules also prohibit parking of private buses on public roads. Section 179 of Maharashtra Municipal Nagar Panchayats and Industrial Townships Act, also empower the Municipal Council to remove obstructions. The provisions of Section 51 of Maharashtra Regional and Town Planning Act, 1966, read with Section 44 thereof are also important. Similarly, Section 187 of Maharashtra Municipalities Act also confer certain powers to Municipal Council in relation to public streets and hawking upon public streets. Chapter XII of Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965, deals with control over buildings and power of Chief Officer to grant permission for construction of building in certain circumstances. Chapter XIII deals with drainage and control of Municipal Council over such drainage. Section 202 requires Municipal Council to have sufficient drainage for houses and Section 203 states that new buildings are not to be erected without drainage. Section 204 permits owners of private buildings and occupiers of lands to drain into municipal drains and Section 205 permits carrying of drain through land or into the drain belonging to other persons. Section 53 of Maharashtra Regional and Town Planning Act, 1966, permits the Planning authority to require removal of unauthorised development. Section 52 prescribes penalty for unauthorised development or for use otherwise than in conformity with development plan. Similarly Section 56 confers power upon it to require removal of unauthorised development or use. Thus, the provisions of law confer ample powers upon the Planning Authority in this respect. Provisions of Standardised Building Byelaws framed under this Act also show the extent and control which Planning authority like respondent number 3 possesses over the erection of buildings and development. However, in the facts of present case, the problem seems to spring on account of non coordination between various authorities in this respect and also failure of Municipal/Government Officers to perform their duty.