PREM DAULATRAM AHUJA AND ORS. Vs. DEPUTY COMMISSIONER, LAND ACQUISITION AND ADMINISTRATION OFFICE, PUNE MUNICIPAL CORPORATION AND ORS.

JUDGEMENT

(1.) ON 13th April, 2015 an order was passed by this Court directing that the petition shall be disposed of finally at the stage of admission.

(2.) THE petitioners claim to be the owner of the land, more particularly described in paragraph 2.1 of the petition. On 2nd April, 2004, a Resolution was passed by the General Body of the Pune Municipal Corporation. The said Resolution was as regards applying Section 205 of the Maharashtra Municipal Corporation Act, 1949 (for short 'the MMC Act') to the road passing through the land of the petitioners set out in paragraph 2.1 of the petition. It is pointed out in the petition that an order was passed by the Commissioner of the said Corporation under Section 205 of the MMC Act prescribing regular line of road having a width of 9.14 mtrs running through the said land of the petitioners

(3.) THE said petition was contested by the Pune Municipal Corporation by filing an affidavit -in -reply of Shri Prashant Madhukar Wagmare, its City Engineer. It was contended in the said reply that Transferable Development Rights (TDR) in respect of the road cannot be granted. In paragraph 6 of the said reply, it was stated that the compensation will be duly paid to the petitioners after following the procedure under Sections 126 of the Maharashtra Regional and Town Planning Act, 1966 (for short 'the MRTP Act'). It will be necessary to make a reference to the Agreement dated 20th April, 2007 which is relied upon by the petitioners executed by and between the Pune Municipal Corporation and one Prakash K. Lodha and Another. The said agreement shows that the market value of the land acquired by the Pune Municipal Corporation was agreed to be paid.