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SUNIL B. SHUKRE, RAJESH S. PATIL
Chhatrapati Rajaram Co-operative Housing Society Ltd – Appellant
Versus
Municipal Corporation of City of Pune – Respondent
JUDGMENT/ORDER
SUNIL B.SHUKRE, J. - Heard. Rule. Rule made returnable forthwith, by consent of the learned counsel for the parties.
2. By this petition, the petitioner-society, which is owner of the land bearing Survey No.682/A, situated at Village Bibavewadi (Munjeri), Taluka Haveli, District Pune, is claiming relief of grant of TDR Certificate in favour of the petitioner in lieu of the land admeasuring 1206.61sq.mtrs. (hereinafter called as 'the subject land'), from out of the land bearing Survey No.682/A owned by the society, on the ground that the subject land has been used by the Planning Authority of respondent no.1 for the purpose of construction of a Development Plan Road.
3. The larger piece of land bearing Survey No.682/A was subjected to a layout plan by the petitioner and it was sanctioned on 9/7/1973. As a result of the sanctioning of the layout plan, land bearing Survey No.682/A came to be divided into several plots. The sanctioned layout plan also made a provision for internal roads. These internal roads were declared to be public streets in terms of the provisions of Sec. 224 of the Maharashtra Municipal Corporations Act, 1949 ("Corporation Act, 1949', for short), whic
The main legal point established in the judgment is that the BBMP is not required to grant Transferable Development Rights (TDR) or compensation for the improvement of already existing roads unless n....
Town Planning – Cancellation of Transferable Development Rights Certificate long after surrender of land is not sustainable.
The right to Transferable Development Rights (TDR) for constructed amenities accrues at the time of land surrender, and amendments to regulations do not apply retrospectively, ensuring compensation r....
Point of Law : Right to property although is no longer a Fundamental Right after 42nd Amendment to the Constitution, it is constitutionally secured.
Reservation of land under the MRTP Act lapses if the land is not acquired within ten years from the date of publication of the final Development Plan and no declaration under Section 19 of the Act of....
Entitlement to Transferable Development Rights (TDR) arises only upon land surrender, not application submission, as per the Maharashtra Regional and Town Planning Act.
Owner of land is under obligation to develop or construct amenity on surrendered land at his cost and Planning Authority has to reciprocate the same by granting Additional FSI or Additional TDR.
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