IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2592 OF 2025 [Arising out of SLP(C) No.4630/202 5 )

[Diary No.29363/2024]

JAYANT MANIKLAL LUNAWAT APPELLANT VERSUS PUNE MUNICIPAL CORPORATION & ORS. RESPONDENTS WITH CIVIL APPEAL NO.2593 OF 2025 [Arising out of SLP(C) No.463 1 /2025 )

[Diary No.15356/2024]

PUNE MUNICIPAL CORPORATION APPELLANT VERSUS JAYANT MANIKLAL LUNAWAT & ORS. RESPONDENTS

O R D E R

1. Delay condoned.

2. Leave granted.

3. These are two civil appeals arising out of the same impugned order dated 01.08.2023 passed by the High Court of Judicature at Bombay in exercise of its writ jurisdiction. The Pune Municipal Corporation (in short, the “PMC”) as well as the appellant – Jayant Maniklal Lunawat (hereinafter referred to as the “land owner”) are in cross-appeals. The operative part of the impugned order reads as follows:

Signature Not Verified Digitally signed by “11. For the reasons stated above, we find that ARJUN BISHT Date: 2025.02.20

17:30:54 IST the impugned order of cancellation of DRCS Reason:

dated 8^th July, 2005 and impugned communication dated 9^th December, 2005 made to the Petitioner by the Corporation, both are bad in law and deserve to be quashed and set aside.

12. The petition is allowed. The impugned order dated 8^th July, 2005 and impugned communication dated 9^th December, 2005 both are hereby quashed and set aside.

13. Rule is made absolute in the above terms.

No costs.

14. We make it clear that this Court has not gone into the question of the claim of the Corporation regarding sharing of the expenditure for construction of compound wall and all rights and contentions in this regard are kept open.”

4. The controversy pertains to a piece of land allegedly measuring 13,337 sq. mts. owned by the land owner for which 26 Development Rights Certificates (in short, the “DRCs”) were issued by the PMC for an area measuring 13,117 sq. mts. According to the land owner he is further entitled to the DRCs in respect of the remainder of the land measuring 220 sq. mts.

5. The land belonging to the land owner was acquired by PMC for the development of the Sewage Treatment Plant (in short, the “STP”). As noticed earlier, initially 26 DRCs were issued in favour of the land owner. However, subsequently out of these 26 DRCs, 12 were cancelled on the ground that instead of 13,117 sq. mts, only land measuring 9,218.96 sq. mts. was utilized. The cancellation of those 12 DRCs prompted the land owner to approach the High Court by way of a writ petition. As may be seen from the operative part of the impugned order, the High Court has allowed that writ petition and set aside the cancellation of 12 DRCs.

6. The core issue that arises for consideration is whether the PMC has utilised land measuring 9,218.96 sq. mts. for the purpose of developing STP or the land measuring 13,117 sq. mts. owned by the land owner is in its possession.

7. With an effort to resolve the factual controversy, Mr. Shreeyash U. Lalit, Advocate was appointed as the Court Commissioner vide order dated 22.11.2024, the operative part whereof reads as follows:

“2. In this view of the matter, we appoint Mr. Shreeyash U. Lalit, learned counsel, as the Court Commissioner, who shall along with (i) City Surveyor Officer, Pune (ii) Engineer of the Pune Municipal Corporation (ii) A nominee of the respondent-land owners shall carry out fresh measurement and submit a report to this Court before the next date of hearing. Learned Court Commissioner shall ensure video-graphy of the measurement exercise besides photographs or site plan that may be prepared with the assistance of any Town Planner/Architect. The measurement report shall be signed by all the Members of the Committee constituted hereinabove. The parties shall be issued advance notice before commencement of the measurement exercise.

3. The High Powered Committee, constituted hereinabove, shall be at liberty to seek help from previous measurement reports dated 16.09.2000, 06.08.2004 and 15.11.2006. They sh