R.K. DESHPANDE, J.

1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

2. The challenge in this petition is to the communication dated 22.09.2014 issued by the Town Planning Department of the Nagpur Municipal Corporation (“the Planning Authority”) informing the petitioner-Society that in lieu of handing over of the area of 24-meter wide DP Road free of cost and free from all encumbrances as per the conditions of no-objection dated 11-10-2004, the petitioner-Society shall not be entitled to the Transferable Development Rights. This communication was challenged before the State Government and the claim is rejected on 28-10-2016. Hence, this petition, challenging the said communication and seeking further direction to the respondents to release the Transferable Development Rights (TDR) and Floor Space Index (FSI) in lieu of surrender of rights in the land for public purpose, that is for construction of DP Road for Survey Nos.15, 16, 18 and 20 of Houza Harpur on Umred Road, Nagpur.

3. On 14-1-2019, we heard the matter at length and passed the order, which is reproduced below :

“Heard the learned counsel appearing for the