Pimpri Chinchwad Navnagar Vikas Pradhikaran vs Kaluram Maruti Dange & Ors.

Delay condoned. Leave granted.

Heard learned counsel for the parties.

The issues pertaining to the provisions of Maharashtra Regional & Town Planning Act, 1966 (for short, the MRTP, Act, 1966) have been raised. According to learned counsel for PCNTDA, the pleadings of PCNTDA, before the High Court, in writ petitions, need to be amended.

Thus, with the consent of learned counsel for the parties, the matters are remitted back to the High Court, and both the parties are permitted, to amend the pleadings before the High Court, to raise all legal questions pertaining to MRTP Act, 1966 and inapplicability of Land Acquisition Act, 1894 and/or the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and also to file relevant documents. The High Court, after giving opportunity to parties to make respective pleadings, shall decide the matter(s) afresh.

The impugned judgment(s) and order(s) passed by the High Court are set aside.

The appeals are allowed accordingly.

It is submitted by counsel for the appellant(s) that PCNTDA is in possession of the properties, which fact is disputed by the respondent(s). Let status quo regarding possession be maintained till the decision is rendered by the High Court in accordance with law. The High Court is requested to expedite the matter and decide the same as early as possible.