LAWS(BOM)-2023-10-23

SURENDRA DATTATRAY KADU Vs. JAIPRAKASH SITARAM GOEL

Decided On October 20, 2023
Surendra Dattatray Kadu Appellant
V/S
Jaiprakash Sitaram Goel Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(2.) By this petition, the petitioners are claiming grant of Transferable Development Rights ('TDR' for short), against their land admeasuring 14547.20 sq. mtrs situated in Survey No. 13, Hissa No. 2/1B/2/1 of Dhankawadi, Pune from respondent no.5, the Pune Municipal Corporation by quashing and setting aside the orders dtd. 14/3/2011 and 7/10/2013 passed by respondent no. 5.

(3.) By the communications dtd. 14/3/2011 and 7/10/2013, respondent no. 5 rejected the claim of the petitioners for grant of TDR on the ground that there was a compromise entered into between the petitioners and the respondent no. 5 on 4/8/1988, whereby, the petitioners had agreed that as against the land surrendered in favour of the respondent no. 5, the petitioners would not claim any compensation of any nature and that they had admitted the fact of surrender of the said land by them to respondent no. 5, free of cost.