Rajhan Narendra Rout vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 748

N. V. RAMANA, HIMA KOHLI
Rajhan Narendra Rout – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
Advocates appeared:
For the Appellant(s) : Mr. Neeraj Kishan Kaul, Sr.Adv. Ms. Sheyl Trehan, Adv. Mr. Pranaya Goyal, Adv. Mr. Rohan Poddar, Adv. Mr. Dharav Shah, Adv. Ms. Namisha Chadha, Adv. Mr. Vikas Mehta, AOR
For the Respondent(s): Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Ms. Shwetal Shepal, Adv. Mr. Durgesh Gupta, Adv. Mr. Vijay Kumar, Adv. Mr. Shantanu Adkar, Adv. Mr. Ram Kripal Singh, Adv. Ms. Bharti Tyagi, AOR Mr. Venkita Subramoniam T.R, AOR

JUDGMENT :

HIMA KOHLI, J.

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 Rights¹ [for short ‘TDR’] Certificate earlier granted in favour of the appellants @ 100% Floor Space Index² [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, 1987³ [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 Maharashtra Regional Town Planning Act, 1996⁴ [for short ‘Town Planning Act’]. Respondent No. 3/Pune Munici

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2022 Supreme(SC) 748

N. V. RAMANA, HIMA KOHLIRajhan Narendra Rout – AppellantVersusState of Maharashtra – Respondent

Cases Referred (1)

N. V. RAMANA, HIMA KOHLI
Rajhan Narendra Rout – Appellant
Versus
State of Maharashtra – Respondent