ASWANI ASSOCIATES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have challenged the order dtd. 17/10/2017 passed by the respondent no.5 (Deputy Director of Town Planning, Pimpri-Chinchwad Municipal Corporation), whereby the petitioners' entitlement to the Transferable Development Rights (TDR) in respect of their surrendered land has been curtailed for the extent of 50% of TDR.

(2.) The petitioners state that on 30/9/1999, the Development Plan was sanctioned under the Maharashtra Regional and Town Planning Act, 1966 ("MRTP Act"). In the said plan, Reservation No. 361 (Garden) and an 18-metre-wide D.P. Road ("the reservation") was imposed on the petitioners' land admeasuring approximately 7000 sq. metres. The petitioners initially had development rights in the property and in the year 2013 they became owners of the land. From 31/1/2013 to 27/1/2016 the petitioners issued five notices under Sec. 127 of the MRTP Act calling upon the respondents to acquire the reserved land upon expiry of 10 years from the sanction of the Development Plan. Although the initial demand was for compensation, on 20/4/2016, the petitioners addressed a letter to respondent no. 5 seeking TDR in lieu of compensation for surrender of the said land.

(3.) On 13/7/2016, respondent no. 5 prepared a report proposing grant of TDR to the extent of 12,696.48 sq. metres to the petitioners in accordance with the notification dtd. 28/1/2016. The following day, the respondent no.5 issued a public notice inviting objections to the proposed grant of TDR. On 7/10/2016, the TDR Committee of the respondent no.3 approved the proposal, subject to the condition that the petitioners shall pay the Nazarana to the State Government for non-agricultural use of the land, with the permission of the Collector.