Case Note & Summary
The petitioner, Purnima Talkies, a proprietary concern, owned land in Dahanu where a cinema talkies was constructed. The Dahanu Nagar Parishad issued a notice for road widening under the development plan, affecting the petitioner's compound wall. The petitioner sought monetary compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, but the respondent No. 1 passed an order on 23 July 2024 granting only TDR/FSI rights. The petitioner challenged this order by way of a writ petition under Article 226 of the Constitution. The court examined whether the acquisition was under the MRTP Act or the 2013 Act. It found that the acquisition was for road widening as per the development plan under the MRTP Act, which provides for TDR/FSI as compensation. The court also noted that the petitioner had already filed a civil suit and an appeal, and the issue of compensation was pending before the civil court. Therefore, the writ petition was dismissed as not maintainable, and the impugned order granting TDR/FSI was upheld.
Headnote
A) Land Acquisition - Compensation - TDR/FSI vs Monetary Compensation - Maharashtra Regional Town Planning Act, 1966, Sections 126, 127 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioner sought monetary compensation for land acquired for road widening under the development plan. The court held that the acquisition was under the MRTP Act, which provides for TDR/FSI as compensation, and the 2013 Act does not apply to such acquisitions. The impugned order granting TDR/FSI was upheld. (Paras 3, 22-24)
B) Writ Jurisdiction - Alternative Remedy - Maintainability - Constitution of India, Article 226 - The court noted that the petitioner had already filed a civil suit and an appeal, and the issue of compensation was pending before the civil court. The writ petition was held to be not maintainable as the petitioner had an efficacious alternative remedy. (Paras 22-24)
C) Land Acquisition - Public Purpose - Road Widening - Maharashtra Regional Town Planning Act, 1966 - The acquisition of land for road widening was for a public purpose under the development plan. The court held that the respondents were entitled to take possession and the petitioner was only entitled to TDR/FSI as per the MRTP Act. (Paras 8-9, 22-24)
Issue of Consideration
Whether the petitioner is entitled to monetary compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for land acquired for road widening under the Maharashtra Regional Town Planning Act, 1966, or only to TDR/FSI as determined by the respondent.
Final Decision
The writ petition is dismissed. The impugned order dated 23 July 2024 granting TDR/FSI to the petitioner is upheld. No order as to costs.
Law Points
- Land acquisition for road widening under development plan
- Entitlement to TDR/FSI instead of monetary compensation under MRTP Act
- Applicability of Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013 to acquisitions under MRTP Act
- Maintainability of writ petition when civil suit pending
Case Details
2025 LawText (BOM) (2) 207
Writ Petition No. 11543 of 2024
G. S. Kulkarni, Advait M. Sethna
Ms. Yogita Deshmukh – Chitnis for Petitioners; Mr. Kedar Dighe, Addl. GP a/w Ms. S.S. Bhende, AGP for Respondents - State
Purnima Talkies through Hemant Mali (Proprietor)
Chief Officer, Dahanu Nagar Parishad; Dahanu Nagar Parishad; State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging the order of the Chief Officer, Dahanu Nagar Parishad refusing monetary compensation and granting only TDR/FSI for land acquired for road widening.
Remedy Sought
Petitioner sought a writ of mandamus directing respondent No. 1 to acquire the land under the 2013 Act and pay monetary compensation, and to restrain respondents from disturbing possession until compensation is paid.
Filing Reason
The petitioner's land was being acquired for road widening under the development plan, and the respondent No. 1 passed an order granting only TDR/FSI instead of monetary compensation under the 2013 Act.
Previous Decisions
The Trial Court rejected the petitioner's interim injunction application on 10 January 2024; the appeal was partly allowed on 31 May 2024, restoring the interim application for de novo adjudication and directing respondent No. 2 to decide the petitioner's representation on compensation.
Issues
Whether the petitioner is entitled to monetary compensation under the 2013 Act or only TDR/FSI under the MRTP Act for land acquired for road widening.
Whether the writ petition is maintainable in view of the pending civil suit and alternative remedy.
Submissions/Arguments
Petitioner argued that the acquisition should be under the 2013 Act and monetary compensation should be paid.
Respondents contended that the acquisition was under the MRTP Act and the petitioner was entitled only to TDR/FSI, and that the writ petition was not maintainable due to pending civil suit.
Ratio Decidendi
The acquisition of land for road widening under a development plan is governed by the MRTP Act, which provides for TDR/FSI as compensation, and the 2013 Act does not apply. Further, when a civil suit is pending, a writ petition under Article 226 is not maintainable as an alternative remedy exists.
Judgment Excerpts
The legal issue which arises for consideration in this petition, revolves around the legality of the impugned order dated 23 July 2024 passed by respondent no. 1 whereby it refused to grant compensation to the petitioner as prayed for and holding that the petitioner is entitled only to TDR/FSI rights as set out in the impugned order.
In the light of the above discussion, we are of the opinion that the petitioner is not entitled to any relief in this petition. The petition is accordingly dismissed.
Procedural History
The petitioner filed a civil suit (Civil Suit No. 29 of 2023) seeking injunction against demolition. The Trial Court rejected the interim application on 10 January 2024. The petitioner's appeal was partly allowed on 31 May 2024, restoring the interim application and directing respondent No. 2 to decide the compensation representation. Respondent No. 1 passed the impugned order on 23 July 2024 granting TDR/FSI. The petitioner then filed the present writ petition on 20 February 2025.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
- Maharashtra Regional Town Planning Act, 1966: Sections 126, 127
- Constitution of India: Article 226
- Code of Civil Procedure, 1908: Order XXXIX Rule 1, 5; Order XLIII
- Specific Relief Act, 1963: Section 38
- Right to Information Act, 2005:
