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Supreme Court dismisses PIL seeking direction to designate BMC as sole planning authority for Mumbai

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New Delhi, Dec 16: The Supreme Court on Monday refused to entertain a public interest litigation (PIL) seeking a direction to the Urban Development Department of Maharashtra government to designate BMC (Brihanmumbai Municipal Corporation) as the sole and centralised planning and sanctioning authority for the city of Mumbai.

A bench of Justices Surya Kant and Ujjal Bhuyan asked the petitioner, Earth, a non-government organisation, to approach the Bombay High Court.

Sensing the disclination of the apex court to entertain the plea, the petitioner’s counsel sought liberty to withdraw the PIL. Ultimately, the matter was dismissed as withdrawn by the apex court.

The PIL said that Section 40 of the Maharashtra Regional & Town Planning (MRTP) Act, 1966, which empowers the state government to appoint a Special Planning Authority (SPA) for notified areas, was enacted before the Constitution (74th Amendment) Act, effective June 1993.

“This amendment introduced Part IXA, titled ‘The Municipalities’ (Articles 243P to 243ZG along with Twelfth Schedule), establishing the framework for the constitution, composition, and responsibilities of Municipalities. However, Section 40 was not amended to explicitly define the roles, powers, and functions of a SPA concerning matters outlined in Schedule XII,” the plea added.

Despite this lack of clarity, the Urban Development Department proceeded to appoint multiple SPAs, which diluted the planning and sanctioning powers of BMC, contented the petition, adding that “this ambiguity has adversely affected BMC’s ability to address key issues in Schedule XII, including urban planning, land use regulation, building construction, road and bridge maintenance, and slum improvement”.

The PIL, filed through advocate Dilip Annasaheb Taur, said that the approach has hindered urban development and limited citizens’ access to amenities due to a lack of transparency and consistency in the approval processes of the SPAs, the transfer of public amenities, and the execution of the 18 responsibilities outlined in the Schedule XII.

“The insufficient transparency in transferring amenities to the BMC obstructs effective urban planning and negatively impacts residents, depriving them of essential services and facilities,” it said.

The BMC established under the Mumbai Municipal Corporation Act of 1888 (MMC Act), serves as both the governing civic body and the planning authority for Mumbai in accordance with the MRTP Act, 1966.

The petition said that the existence of multiple planning authorities (without a clear delineation of duties) has led to certain operational inefficiencies, and the planning and sanctioning process of the Slum Rehabilitation Authority (SRA) is laced with “major deficiencies”.

Maharashtra

Maha Congress: BJP trying to ‘murder’ Indian democratic system through EVMs, ONOE

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Nagpur (Maharashtra), Dec 17: Continuing to take potshots at the government, Maharashtra Congress President Nana F. Patole claimed that the Bharatiya Janata Party-led NDA is attempting to ‘murder’ the Indian democratic system through Electronic Voting Machines (EVMs), here on Tuesday.

Speaking to the media, Patole said that the EVMs used in the Lok Sabha elections were not utilised for the Maharashtra Assembly elections, for which EVMs were allegedly brought here from Gujarat.

“There is a gross misuse of EVMs. BJP members are sitting on the board of directors of the companies manufacturing EVMs. The EVMs deployed during the Lok Sabha polls were not used for the state Assembly polls and for this, the EVMs were sent from Gujarat,” contended Patole.

He again slammed the Election Commission of India (ECI) for “failing to exercise its constitutional powers” and alleged that all its operations are conducted at the behest of the BJP, “thus revealing their (ECI’s) mindset” – though the government and ECI have rubbished all anti-EVM allegations.

Taking a swipe at the One Nation-One Election, Patole added that the BJP-RSS’ machinations to end the country’s democracy are evident by the ‘One Nation, No Election’ bill brought before Parliament on Tuesday.

Earlier, the Maha Vikas Aghadi (MVA) legislators continued their strong protests for the second day against EVMs, the plight of farmers, the custodial death of a Parbhani Dalit man Somnath Vyankat Suryawanshi in judicial custody, and the killing of a Beed Sarpanch Santosh Deshmukh.

The MVA legislators of Congress-Shiv Sena (UBT)-Nationalist Congress Party (SP) raised slogans and carried placards condemning the MahaYuti government, targeted the police for alleged atrocities in Parbhani and protecting the culprits in the Beed case, plus sought action against the officials concerned in both matters.

Amid the growing clamour from the Opposition, the Speaker said that the Parbhani matter would be taken up for discussion on Wednesday by the Assembly.

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Maharashtra

Rare bonhomie on display between Uddhav Thackeray and Devendra Fadnavis

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Nagpur, Dec 17: After a bitter fight and war of words during the recently held Assembly election, Shiv Sena-UBT chief Uddhav Thackeray on Tuesday met Chief Minister Devendra Fadnavis in Vidahan Bhavan and congratulated him for MahaYuti’s victory.

Thackeray, who was accompanied by his son and former minister Aaditya Thackeray and party legislators, spent a few minutes in the CM’s chamber and gave him a bouquet wishing him his successful tenure. Both exchanged their views in a lighter atmosphere. A rare bonhomie between Thackeray and Fadnavis was on display.

“I wished Fadnavis for taking over as the chief minister and also congratulated him for MahaYuti’s victory in the state Assembly. There is a rich tradition in Maharashtra for a healthy dialogue between the ruling and opposition party leaders. I also wished him under his chief ministership Maharashtra will further progress,” said Thackeray.

Thackeray also met the Maharashtra Legislative Assembly Speaker Rahul Narwekar and congratulated for his election as the Speaker.

The Shiv Sena-UBT chief has clarified that there was nothing political about his meeting with the chief minister.

Ahead of the Assembly election, Thackeray had slammed Fadnavis, likening him to an “insignificant dhekun (bed bug)” and stressing on the need “to get rid of it”. In another public meeting, Uddhav called him “tarbuz (watermelon)” that “should be dumped in potholes”.

Fadnavis hit back saying that something had affected Uddhav Thackeray’s health and he should get well soon.

Thackeray had recently targeted Fadnavis saying “Either you will remain, or I will.” However, after taking over the CM’s charge on December 5, Fadnavis downplayed Thackeray’s statement and said, “Both are in politics.”

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Maharashtra

‘EC should be elected, not appointed’: Uddhav Thackeray on ONOE

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Nagpur, Dec 17: Shiv Sena (UBT) Chief Uddhav Thackeray on Tuesday strongly opposed ‘One Nation, One Election’ (ONOE), saying that the Election Commissioner (EC) should be elected and not appointed before the implementation of ONOE.

“Before the implementation of ‘One Nation, One Election’, the election process should be transparent. I am of the clear opinion that the Election Commissioner should also be elected through the election,” said Thackeray during his interaction with the reporters in Vidhan Bhavan.

He added that if the Election Commissioner is going to be appointed and teach the opposition the election laws, then that practice is not right.

“There should not be ‘One Nation, One Election’ under the rule of such a person. The Election Commissioner should also be elected. Only then should he be considered as an Election Commissioner,” said Thackeray.

Referring to the administration’s decision not to hold mock polling by the Markadwadi villagers to protest against the EVMs, Thackeray questioned why the government was afraid.

“You say that the entire Maharashtra gave us votes, gave us love, then the same votes that were cast on the EVMs will also be cast on the ballot paper. In a democracy, I should know who I am voting for and where is my vote going. That right of mine has now been taken away,” he claimed.

To a question whether he will induct Chhagan Bhujbal, who is upset over exclusion from the state cabinet, in the Shiv Sena UBT, Thackeray said, “I felt very bad for Bhujbal. I also feel bad about others who did not get ministerial berths. They (referring to Shiv Sena and NCP legislators that joined MahaYuti) had gone there with many expectations. I express my sympathy to all those who must be waiting for their induction in the cabinet.”

He added that in light of the fact that many veteran leaders of the MahaYuti did not get a place in the Cabinet, does the government have any plans to appoint beloved MLAs or beloved people?

To a question whether Bhujbal and other disgruntled MahaYuti are in his contact, Thackeray said, “Nagpur is an orange city. It has become a hoarding city. It is not clear who is the architect and captain of MahaYuti’s victory. The MahaYuti has used the allies. The disgruntled are in touch with us. They are sending messages. Let them get experience. There is no better teacher than experience. Let them get lessons. We will see when they improve.”

He claimed that Bhujbal was in his contact not only after he was left out of the Cabinet.

Referring to the decision by NCP and Shiv Sena to give two and half year tenure to the ministers inducted in Sunday’s expansion paving the way for other aspirants, Thackeray taunted, “Whether the posts of Chief Minister and Deputy Chief Minister will be rotating every after two and half years. Has the decision been taken in this regard?” His reference was to the purported agreement reached between the BJP and Shiv Sena (united) Sharad of the 2019 Assembly election to share the Chief Minister’s post after two and half years.

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