The Maharashtra Government has justified its decision to confer special town planning authority status on Lavasa Corporation with regards to its hill city near Pune.

The Government has said the due process of law was followed.

On June 12, 2008, the Urban Development Department had earmarked land in 18 villages in Mulshi and Velhe tehsils of Pune district for the hill city. The department had also approved Lavasa Corporation’s proposal for the development of the hill station during the same month.

In its affidavit in the Bombay High Court last week, the State Government had said it “is empowered to appoint any company established under any State or Central Act as a special planning authority’’.

The Government’s affidavit was filed in response to a petition of two agriculturist brothers, who allegedly claimed that their land, measuring about 10 acres, had been illegally usurped for the Lavasa project.

In their affidavit, the two tribal brothers, Bandya and Babu Walhekar, residents of Mulshi Tehsil in Pune, challenged the June 2008 notification conferring special powers on Lavasa Corporation Ltd to acquire land and act as a special planning authority for the hill city.

Their contention was that statutory powers could not be delegated to a private company. The State Government has called their claims as baseless.

According to an affidavit filed by Avinash Patil, deputy director of town planning, Pune, “Under the MRTP Act, it is for the special planning authority to procure land required for the development of hill stations through private negotiations with the owner of the land.’’

A Division Bench headed by Justice D.D. Sinha directed the advocate general to appear in the matter and posted the hearing to October 23.

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