Case Note & Summary
The petitioner, Nirmal Ujwal Credit Cooperative Society, challenged a communication dated 22.09.2014 from the Nagpur Municipal Corporation (Planning Authority) denying Transferable Development Rights (TDR) in lieu of surrendering land for a 24-meter wide DP road. The land was originally owned by Nagpur Vinkar Sahakari Sut Girni Maryadit (under liquidation) and was sold to the petitioner with permission dated 11.10.2005, subject to a condition that the land under DP roads be surrendered free of cost. The petitioner surrendered the land, but when it claimed TDR, the Corporation refused, stating that the surrender was free of cost as per the condition. The petitioner's appeal to the State Government was rejected on 28.10.2016. The High Court heard the matter and held that the condition in the no-objection letter did not bar the claim for TDR. The entitlement to TDR arises from the statutory scheme under the Maharashtra Regional and Town Planning Act, 1966 and the Development Control Regulations, not from the condition. The Court allowed the petition, quashed the communication dated 22.09.2014 and the State Government's order dated 28.10.2016, and directed the respondents to consider the petitioner's claim for TDR in accordance with law, without being influenced by the condition.
Headnote
A) Town Planning - Transferable Development Rights - Entitlement - Surrender of land for DP road - Condition of free surrender - The petitioner surrendered land for a 24-meter wide DP road as per condition in no-objection letter. The Planning Authority denied TDR claiming surrender was free of cost. The Court held that the condition did not bar TDR; entitlement arises under the MRTP Act and DCR, not from the condition. The petitioner is entitled to TDR as per law. (Paras 2-5) B) Town Planning - Transferable Development Rights - Statutory Scheme - Sections 126, 127, Maharashtra Regional and Town Planning Act, 1966 - The Court held that TDR is a statutory right under the MRTP Act and Development Control Regulations, and cannot be denied by imposing a condition that contradicts the statutory scheme. The surrender of land for a public purpose entitles the owner to TDR. (Paras 3-5)
Issue of Consideration
Whether the petitioner is entitled to Transferable Development Rights (TDR) in lieu of surrendering land for a DP road, despite the condition in the no-objection letter that the land be surrendered free of cost.
Final Decision
The petition is allowed. The communication dated 22.09.2014 and the order dated 28.10.2016 are quashed and set aside. The respondents are directed to consider the claim of the petitioner for grant of TDR in accordance with law, without being influenced by the condition imposed in the no-objection letter.
Law Points
- Transferable Development Rights
- Surrender of land for public purpose
- Entitlement to TDR
- Condition of no-objection
- Maharashtra Regional and Town Planning Act
- 1966
- Development Control Regulations
