Thane’s Development Plan in Legal Crossfire: PIL Alleges Constitutional Breach, Calls for DP to be Scrapped

X: @vivekbhavsar

Mumbai: In a blistering legal challenge, activist Ravindra Mahadev Patil has filed a Public Interest Litigation (PIL) in the Bombay High Court, accusing the Thane Municipal Corporation (TMC) and the Maharashtra Government of bypassing constitutional mandates and undermining democratic urban planning. The PIL demands that Thane’s Draft Development Plan (DP) be quashed, terming it an exercise in bureaucratic overreach conducted under the guise of pandemic-era governance.

At the heart of the PIL lies a fundamental constitutional question: Can bureaucrats redraw a city’s future in the absence of an elected body? Patil’s answer is an emphatic no.

The petition challenges all key decisions made by the TMC after March 5, 2022, when the term of the elected municipal council expired. On March 3, 2022, the state government handed over absolute control to the Municipal Commissioner (Administrator), citing pandemic restrictions and pending litigation on OBC reservation as reasons for election delays. However, Patil argues that this move violates Article 243U of the Constitution, which mandates that municipal elections must be conducted before the end of a five-year term, without exceptions for pandemics, riots, or any other emergencies.

According to Patil’s counsel, Advocate Pravin Wategaonkar, the Constitution does not tolerate election postponements beyond the prescribed term limit. He points out that the Maharashtra Municipal Corporations Act was amended during COVID-19 to appoint Administrators, but that justification ended when COVID restrictions were lifted on March 31, 2022. Therefore, continuing administrative rule over Thane for more than three years is unconstitutional, and the order appointing the Administrator should be quashed immediately.

The PIL goes further to target the Draft Development Plan (DP) published by the TMC on October 11, 2024. Patil alleges that major land-use and zoning decisions, including the desecration of public spaces and conversion of reserved plots into residential zones, have been taken without public mandate or electoral accountability. He demands that the DP, prepared and notified by an unelected Administrator, be dumped altogether.

A critical point of contention is the misuse of Section 148-A of the Maharashtra Regional and Town Planning (MRTP) Act, 1966, which allows authorities to exclude periods where actions could not be taken—such as during emergencies. However, Patil’s counsel points out that this clause does not apply to Thane’s case because, as per TMC’s affidavit, the civic body continued active work during the pandemic. TMC published the notice of June 2021, appointed a Town Planning Officer, and prepared land-use maps. Having admitted to these actions, TMC cannot now hide behind Section 148-A to justify delays in publishing the Draft DP.

The PIL highlights that the two-year statutory deadline for preparing and publishing the DP was not adhered to. Patil alleges that the delay was deliberate, designed to facilitate backdoor modifications favouring vested interests while public participation was effectively silenced.

Further adding to the controversy, Patil points out that 7,100 objections were received from citizens, but many were dismissed on flimsy technical grounds. In his case, he submitted formal objections on November 29, 2024, received a hearing notice for March 24, 2025, but claims no actual hearing took place. Once he informed the Corporation that he had moved the High Court, his objections were conveniently ignored.

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The PIL also calls into question the very legality of the Planning Committee constituted under Section 28(2) of the MRTP Act. The law requires that this committee must have elected representatives, but with the Corporation dissolved, the Administrator appointed officials of his own choice. This, Patil argues, converts a statutory democratic process into a bureaucratic rubber stamp, violating both the MRTP Act and basic democratic principles.

In its affidavit, the Thane Municipal Corporation has defended its actions. The civic body claims it has strictly followed the MRTP Act, including the issuance of public notices, acceptance of objections, and formation of a planning committee. It asserts that the Draft DP was published within the extended timeline, blaming pandemic disruptions for delays. The Corporation insists that the Administrator’s appointment is valid, citing a pending Supreme Court case (SLP No. 19756 of 2021) related to OBC reservations, which has stalled local body elections across Maharashtra.

TMC has also accused Patil of deliberately avoiding the DP hearing, claiming he failed to attend despite being served notice. It maintains that critical data like Sanjay Gandhi National Park boundaries, CRZ limits, and Nalla alignments have all been properly incorporated in the plan.

Labelling the PIL as based on misconstrued facts and flawed legal interpretation, the Corporation has urged the court to dismiss the petition with costs, insisting that public interest has not been harmed and that all procedures were followed lawfully.

But for activists and urban planners, the case is about far more than just technicalities. It raises fundamental questions about whether unelected officials can reshape a city’s destiny behind closed doors, without public mandate or electoral accountability. The High Court’s ruling could set a precedent for cities across Maharashtra, where municipal bodies have been run by Administrators for years without fresh elections.

As the High Court begins hearing the matter, one thing is clear: this PIL is not just about Thane’s Development Plan—it’s about whether democracy can be sidelined in the name of administrative convenience.