HC quashes BRTS premium reduction resolution passed in PCMC meet
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Says no subject can be decided or taken up for discussion in an adjourned meeting
The Bombay High Court has quashed the controversial sub-suggestion to a resolution of the Pimpri-Chinchwad Municipal Corporation to reduce premium rates on BRTS corridor, which was likely to result in a revenue loss of Rs 3,750 crore.
The court has clarified in its order that in an adjourned meeting no subject can be decided or taken up for discussion, especially those of financial implications, other than those on the agenda of the adjourned meeting. The court noted that this cardinal principle of law had not been followed by the then mayor Yogesh Behl.
Shiv Sena corporator Seema Savale, who had moved the High Court, distributed copies of the court order among the mediapersons on Wednesday.
Savale said a proposal for change of alignment of an 18-metre road was tabled and passed as per the agenda in the adjourned general body meeting on August 20, 2010. During confirmation of the minutes of the said meeting, Savale had alleged that a sub-suggestion for reduction of premium to be charged for additional floor space index (FSI) on BRTS corridor was mysteriously added to the original resolution. She had then given a written complaint to the then mayor Behl, then municipal commissioner Asheesh Sharma and municipal secretary Subhash Kale. But the ruling NCP got the resolution passed along with the sub-suggestion.
Savale said the civic administration then initiated the process of modification of DC Rules of PCMC as per Section 37 of the MRTP Act. Citizens had filed about 225 objections to this modification. The Sena had filed a writ petition in the High Court challenging the resolution, making the state government, the municipal commissioner and the municipal secretary respondents. Senior counsel advocate Girish Godbole and advocate Siddharth Ronghe appeared on behalf of the petitioner.
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