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Supreme Court of India · 25/08/2022

RAJHAN NARENDRA ROUT AND OTHERS versus THE STATE OF MAHARASHTRA, THROUGH SECRETARY, URBAN DEVELOPMENT DEPARTMENT AND OTHERS

[2022] 10 S.C.R. 263 · 2022 INSC 863

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Summary

The appellants surrendered about 66,000 sq m at Parvati, Pune, reserved for a park, to the Pune Municipal Corporation for Transferable Development Rights. Acting on the Advocate General's opinion that unzoned reserved land takes the FSI of adjoining residential land, the State fixed TDR at 100% FSI, and the Corporation issued certificates and took possession in 2004. In 2007 the Chief Minister cut the TDR to 4% FSI, treating the land as hill top/hill slope, and the High Court upheld this. The Supreme Court allowed the appeal. The State never explained rejecting its own Advocate General's opinion or sought a fresh one, and kept the land unused for 18 years. Instead of restoring the TDR, given strain on civic amenities, it directed return of the land for residential use with compensation of Rs. 1 crore a year.

Issues

  1. Whether the State could cancel TDR granted at 100% FSI for land surrendered under Section 126 of the Maharashtra Regional and Town Planning Act and reduce it to 4% FSI on the ground that the land was hill top/hill slope
  2. What relief should follow where the landowners were left without either land or compensation for 18 years

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment was set aside, the Corporation was directed to return the land within four weeks for residential use, and the respondents to compensate the appellants at Rs. 1 crore per year since 2004, all within three months.

Judgment PDF: Supreme Court of India, [2022] 10 S.C.R. 263.