Case Note & Summary
The petitioner, M/s. Karan Developers, filed a writ petition under Article 226 of the Constitution seeking a direction to the Pune Municipal Corporation to grant Transferable Development Rights (TDR) for an area of 3094.78 sq. mtrs. in lieu of lands from final plot Nos.405, 406 and 407 of TPS III (Final), Pune, acquired under an agreement dated 24 May 2000 under Section 126(1)(b) of the Maharashtra Regional and Town Planning Act, 1966. The background facts are that on 17 September 1982, the Government of Maharashtra approved the draft development plan for Pune city, and the land in dispute was shown for road widening. On 5 October 1982, a layout was sanctioned by the Pune Municipal Corporation at the behest of the Maharashtra State Road Transport Corporation Limited (the Fifth Respondent), which was the owner of the land. On 5 January 1987, the revised development plan was sanctioned. On 24 May 2000, an agreement was entered into under Section 126(1)(b) between the First Respondent (Municipal Corporation) and the Fifth Respondent, stipulating that the lands would be handed over for road widening and that the Fifth Respondent would be entitled to TDR in accordance with the Development Control Regulations. Possession of the land was taken by the Municipal Corporation on the same day. On 7 November 2006, the State Government permitted the Fifth Respondent to transfer its right to receive TDR by auction. On 11 January 2007, the petitioner entered into an agreement with the Fifth Respondent and acquired the entitlement to receive TDR. The petitioner then applied to the Municipal Corporation for TDR, but the application was not processed. The petitioner filed the writ petition seeking a direction to grant TDR. The court considered the issue of whether the petitioner was entitled to TDR given the delay in making the application. The court noted that the possession was taken on 24 May 2000, and the application for TDR was made only in 2007, a delay of nearly seven years. The court held that the claim for TDR must be made within a reasonable period, and a delay of seven years is fatal to the claim. The court observed that the Development Control Regulations require the submission of a proposal for TDR within a specified time, and the delay would upset the finality of town planning schemes and the rights of third parties. The court dismissed the petition, holding that the petitioner was not entitled to TDR due to the delay.
Headnote
A) Town Planning - Transferable Development Rights - Limitation - Claim for TDR under Section 126(1)(b) of the Maharashtra Regional and Town Planning Act, 1966 - The petitioner purchased the right to receive TDR from the original landowner, but the application for TDR was made nearly seven years after possession was taken by the Municipal Corporation - Held that the claim for TDR must be made within a reasonable period, and a delay of seven years is fatal to the claim, as it would upset the finality of town planning schemes and the rights of third parties (Paras 5-8). B) Town Planning - Acquisition of Land - Agreement under Section 126(1)(b) - The agreement dated 24 May 2000 between the Municipal Corporation and the original landowner stipulated that TDR would be granted in accordance with the Development Control Regulations - The right to TDR is not an absolute right but is subject to the regulations and the timely submission of a proposal - Held that the delay in making the application disentitles the claimant to TDR (Paras 4-6).
Issue of Consideration
Whether the petitioner is entitled to Transferable Development Rights (TDR) in respect of land acquired under Section 126(1)(b) of the Maharashtra Regional and Town Planning Act, 1966, when the application for TDR was made after a delay of several years from the date of possession.
Final Decision
The petition is dismissed. The court held that the claim for TDR must be made within a reasonable period, and a delay of seven years from the date of possession is fatal to the claim. No order as to costs.
Law Points
- Transferable Development Rights
- Limitation for claiming TDR
- Section 126 MRTP Act
- Development Control Regulations
- Acquisition of land for road widening
