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Pune City – Important questions raised in PIL are pending consideration of the Bombay High Court to save Pune City from the builders and eliminate the problems of traffic, garbage, drinking water, etc.

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Chapter 10 of UCDPR provide for Pune City Specific Regulations.   Regulation No.10.1.1 provide for 12 meter width of the road for a building of more than height of 36 meter.

However, Regulation 10.15 of UDCPR provide that Regulation Nos.10.1.1, 10.3.1, 10.3.2, 10.3.4 and 10.14.1 shall cease to operation on 1st January 2022 or as decided by the Government from time to time and thereafter the provisions of the Regulations shall apply.

By the Notification dated 4.1.2024, the Government of Maharashtra has suggested changes in Regulation No.10.15 to delete Regulation No.10.1.1 and to permit buildings of 36 meters on the road of 12 mts. In Pune city.   It is further suggested that the height of 6 meter parking shall not be considered for the same.  However, in case of redevelopment projects, Regulation No.10.1.1 shall continue in effect until 1.1.2026.

Thus, in view of this proposed amendment, now the builders can construct 13 floors instead of 7 floors building and this is applicable only for Pune City.    There will be mushroom growth of buildings even on roads of less than 12 meters.   This will lead to untold misery of traffic and other civic amenities problems for Pune City.

Moreover, simultaneously, the direction is issued under Section 154(1) of the Maharashtra Regional and Town Planning Act to implement the same even during pendency of inviting suggestions / suggestions and considerations to the proposed modification under Section 37(1AA).  Thus, on one hand, the amendment is proposed and on the other, it is brought into force.

This was challenged in the PIL by the petitioners.

The Hon’ble High Court has noted all the above aspects and prime facie opined that the very process of Section 37(1AA) would be redundant.   In view of this, interim stay to the said notification is granted and the State is to file affidavit in four weeks.

Order dated 6.3.2024 in PIL No.28 of 2024 of Ujwal Govind Keskar and others Vs. The State of Maharashtra and others.

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