RAJHANS NARENDRA RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioners have challenged the Order dated 27.12.2007 passed by the Chief Minister of Maharashtra cancelling the Development Right Certificate granted by the Pune Municipal Corporation in favour of the petitioners and further directing the Pune Municipal Corporation to grant TDR in the petitioners favour at the rate of 4% instead of 100% granted earlier. The subject matter of the dispute is land bearing Final Plot No. 517(Part) and Final Plot No. 523(Part) situate in a Town Planning Scheme and reserved for the purposes of a park. The land is shown in the Hill Top Hill Slope Zone as per the last Development Plan sanctioned for the city of Pune in the year 1987. The area is 66,732 sq. meters.

(3.) The petitioners, being owners of the said land which was acquired by the Municipal Corporation of Pune, applied to the Corporation for grant of TDR under the Development Control Rules. The respondent No. 3 Corporation issued Development Right Certificate bearing Nos. 3434-3447 in favour of the petitioners granting 100% TDR admeasuring 66,372.82 sq. meters on 28.5.2004. The petitioners is said to have paid an amount of Rs. 50,12,316/- towards construction of a compound wall for construction protection.