RAJHAN NARENDRA ROUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are aggrieved by the judgment dated 13/14th March, 2012 passed by the High Court of Bombay, dismissing the challenge laid by them to the order dated 27th December, 2007 passed by the then Chief Minister of the State of Maharashtra, cancelling the Transferable Development Rights [for short 'TDR'] Certificate earlier granted in favour of the appellants @ 100% Floor Space Index [for short 'FSI'] and upholding the decision to reduce the TDR granted to the appellants from 100% FSI to 4% FSI.

(2.) The subject matter of the dispute in the present appeal is in respect of a parcel of land, situated in plot No.517 (part) and plot No.523 (part) at Parvati, Pune, measuring 66372.82 sq. mts. In the Development Plan of Pune City, 1987 [for short 'Development Plan'], the said land was reserved for the purpose of a park. The stand of the appellants is that the subject land was shown in the 'Hill Top/Hill Slope' zone in the Development Plan under the Maharashtra Regional Town Planning Act, 1996 [for short 'Town Planning Act']. Respondent No.3/Pune Municipal Corporation [for short 'Corporation'] invoked Section 126 of the Town Planning Act that permits acquisition of land which is reserved under the Development Plan, for public purposes and contemplates issuance of TDR against the area of land acquired or surrendered by the land owners free of cost. In terms of the aforesaid provision, the appellants agreed to surrender the subject land to the respondent No.3/Corporation and opted for grant of TDR. The respondent No.3/Corporation completed the acquisition process in respect of the said land and agreed to grant TDR to the appellants in terms of the Development Control Regulations [for short 'DC Regulations'] framed under the Town Planning Act, in particular Regulation N-2.4.5.

(3.) Respondent No.4/Commissioner of the Corporation addressed a letter dated 22nd February, 2001 to the respondent No.2/Secretary, Urban Development Department [for short 'UD Department'] of the respondent No.1/State of Maharashtra seeking a clarification as to the rate at which TDR was to be granted in respect of the subject land.