Case Note & Summary
The petitioner, Shri Chhatrapati Rajaram Co-operative Housing Society Ltd., owned land bearing Survey No.682/A at Bibavewadi, Pune. A layout plan was sanctioned on 9th July 1973, dividing the land into plots and providing for internal roads, which were declared public streets under Section 224 of the Maharashtra Municipal Corporations Act, 1949, covering 4007.99 sq.mtrs. Subsequently, the Pune Municipal Corporation (respondent no.1) constructed a Development Plan road on a portion of the society's land admeasuring 1206.61 sq.mtrs., which was not part of the internal roads. The society applied for a TDR certificate in lieu of this land, but the corporation rejected the claim on the ground that the land was a public street. The society filed a writ petition seeking a direction to grant TDR. The court examined whether the subject land was a public street under Section 224 of the Corporation Act, 1949. It noted that the declaration of public streets under Section 224 applies only to streets in a layout plan that are vested in the corporation. The subject land was not part of the internal roads in the sanctioned layout plan; it was a separate portion used for a Development Plan road. Therefore, it was not a public street under Section 224. The court held that the society was entitled to have its application for TDR considered under the relevant provisions of the Maharashtra Regional and Town Planning Act, 1966, and the Development Control Regulations. The court directed the respondents to consider the society's application for TDR within a reasonable time, and if eligible, to issue the TDR certificate. The petition was allowed in part.
Headnote
A) Town Planning - Transferable Development Rights - Entitlement to TDR for land used for Development Plan road - The petitioner-society claimed TDR for land admeasuring 1206.61 sq.mtrs. used for a Development Plan road. The court held that the subject land was not a public street under Section 224 of the Maharashtra Municipal Corporations Act, 1949, as it was not part of the sanctioned layout plan's internal roads. The court directed the respondents to consider the petitioner's application for TDR in accordance with the Development Control Regulations and the Maharashtra Regional and Town Planning Act, 1966. (Paras 1-32)
Issue of Consideration
Whether the petitioner-society is entitled to a TDR certificate in lieu of the subject land used for a Development Plan road, and whether the subject land was a public street under Section 224 of the Maharashtra Municipal Corporations Act, 1949.
Final Decision
The court allowed the petition in part, directing the respondents to consider the petitioner's application for TDR in accordance with law, and if eligible, to issue the TDR certificate within a reasonable time. The court held that the subject land was not a public street under Section 224 of the Maharashtra Municipal Corporations Act, 1949.
Law Points
- Transferable Development Rights
- Development Plan Road
- Public Street
- Section 224 Maharashtra Municipal Corporations Act
- 1949
- Section 127 Maharashtra Regional and Town Planning Act
- 1966
- Layout Plan
- Sanctioned Plan
- Compensation in lieu of land acquisition
