Pandurang D. Chalke And Anr vs Citispace And Ors on 19 June, 2025
(iv) Planning is a Technical Exercise Best Left to Experts: It
is submitted that preparation of a Development Plan is a
complex and technical exercise, generally undertaken every
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oswp1152-2002-J-Final.doc
20 years. In the present case, the new Development Plan has
been prepared after a gap of nearly 28 years. During this
long interval, Mumbai has undergone rapid urbanization,
population growth, and increased demand for housing and
civic amenities. The planning authority, being an expert body
constituted under statute, is best equipped to assess the
adequacy of reservations, feasibility of implementation, and
constraints in execution. The Court may not lightly
substitute its own opinion in such matters, as held in
multiple precedents including Union of India v. Shah
Goverdhan L. Kabra Teachers' College (2002) 8 SCC 228 and
Small Scale Industrial Manufacturers Assn. v. Union of India
(2021) 8 SCC 511. It is further submitted that under the
earlier 1991 Regulations, land reserved for recreation
grounds (RG) and playgrounds (PG) were not developable
by the private owner or even by the Corporation, unless
acquired. However, under DCPR 2034, a progressive
provision has been introduced--wherein 70% of the land is
handed over to the planning authority, and 30% is permitted
for development, even in cases where the land is vacant.