(Dr. D.Y. Chandrachud, J.) :

1. Rule, by consent made returnable forthwith. The learned counsel appearing on behalf of the Respondents waive service on behalf of the respective Respondents. By consent, the Petition is taken up for hearing and final disposal.

2. Though several ancillary reliefs have been claimed in these proceedings under Article 226 of the Constitution, the primary relief which has been sought is that the Pune Municipal Corporation be directed to grant TDR for an area admeasuring 3094.78 sq. mtrs. in lieu of the lands from final plot Nos.405, 406 and 407 of TPS III (Final), Pune acquired under an agreement dated 24 May 2000 under Section 126(1)(b) of the Maharashtra Regional and Town Planning Act 1966.

3. On 17 September 1982, the Government of Maharashtra approved the draft development plan for Pune city. Under the draft development plan, the land which is now the subject matter of dispute was shown for the purposes of road widening. On 5 October 1982 a layout was sanctioned by the Pune Municipal Corporation at the behest of the Maharashtra State Road Transport Corporation Limited, the Fifth Respondent, which was the owner of the land in respect of final plot Nos.405, 406 and 407. The layout was sanctioned with a provision for an open space comprising of the area in dispute in these proceedings. On 5 January 1987 the revised development plan was sanctioned by the State Government and the plan was enforced with effect from 5 February 1987.

4. On 24 May 2000 an agreement was entered into under Section 126(1)(b) of the Maharashtra Regional and Town Planning Act 1966 between the First Respondent and the Fifth Respondent. The agreement stipulated that the lands inter alia comprised in final plots 405, 406 and 407 would be handed over for the purposes of road widening and that the Fifth Respondent as the land owner would be entitled to Transferable Development Rights in accordance with the Development Control Regulations. On 24 May 2000 possession was taken by the Municipal Corporation of an area admeasuring 3094.78 sq. mtrs. out of final plots 405 to 407. While handing over possession the Fifth Respondent stated that it would be entitled to claim TDR in accordance with the applicable provisions on the date of the submission of the proposal in that regard. The city survey records were duly mutated so as to record the ownership of the Pune Municipal Corporation. On or about 7 November 2006 the Government of Maharashtra granted permission to the Fifth Respondent to transfer by auction its right to receive TDR under the agreement with the First Respondent. In pursuance of the permission granted by the State Government an agreement was entered into on 11 January 2007 between the Petitioner and the Fifth Respondent in pursuance of which the Petitioner acquired the entitlement of the Fifth Respondent to receive TDR in respect of the area admeasuring 3094.78 sq. mtrs. pursuant to the agreement dated 24 May 2000 entered into between the First and the Fifth Respondents. The Petitioner paid an amount of Rs.6.46 Crores as consideration to the Fifth Respondent.

5. On 28 May 2007 a clarification was sought by the Commissioner of the First Respondent from the Urban Development Department of the State Government on whether, in view of a Government Resolution dated 12 October 1990 the Fifth Respondent would be entitled to the grant of TDR as envisaged in the agreement. The State Government issued a clarification to the First Respondent on 16 August 2007 to follow the terms of the agreement that was entered into with the Fifth Respondent. On 24 March 2008 a communication was issued by the Under Secretary in the Urban Development Department to the Commissioner of the First Respondent stating that since the Fifth Respondent was an autonomous institution, it would be appropriate for the First Respondent to grant TDR in terms of the agreement. The First Respondent granted the first TDR certificate to the Petitioner on or about