(Per Justice Manish Pitale)
. These petitions challenge the constitutional validity of Rule
13.3.1.5 of the Development Control Rules (the said Rule) for the
city of Pune. The petitioners claim that the said Rule violates Article
300A of the Constitution of India and they also claim that the said
Rule could not have been framed with reference to Sections 202 and
203 of the then Bombay Provincial Municipal Corporations Act, 1949
(BPMC Act) [now the Maharashtra Municipal Corporations Act, 1949
(MMC Act)], as the said sections pertain to vesting of public streets
in the Corporation, with no reference to open spaces in private
sanctioned layouts. The petitioners also contend that the said Rule
gives unbridled power to the respondent – Pune Municipal
Corporation (PMC) to enter upon and take over the open spaces in
such private layouts, without any reference to acquisition and upon
payment of illusory compensation of ₹ 1 only.
