JUDGEMENT :

1. This Bench has been constituted pursuant to an order dated 27th January, 2022 by a Division Bench of this Court, comprising of Hon’ble Mr. Justice Sunil B. Shukre and Anil D. Kilor, JJ. The Division Bench expressed disagreement with view taken by another Division Bench of this Court in the case of Asha Sunil Zawar vs. State of Maharashtra & Ors. (W.P. No.5938 of 2020). The Division Bench has referred the following questions for opinion of this Larger Bench:

(i) Whether the modes of acquisition provided under Section 126(1)(a) and (b) of the Maharashtra Regional and Town Planning Act, 1966 are at the choice of either of the parties or only of the acquiring authority?

(ii) If the planning authority has approved the request of the land owner for grant of monetary compensation or grant of TDR/FSI in lieu of compensation, can the land owner withdraw his request and thereby refuse or decline to surrender the land?

(iii) Can the grant of approval or passing of resolution by the authorities concerned for grant of TDR in lieu of monetary compensation be treated as a step for acquisition of land and thereby commencing the proceedings for acquisition of the land?

2. In a petition r