A.A.SAYED, D.Y.CHANDRACHUD
Karan Developers – Appellant
Versus
Municipal Corporation of the City of Pune – Respondent
(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
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