Land Acquisition & Compensation Vs. TDR / FSI

Insistence by the authority to accept TDR / FSI in lieu of monetary compensation cannot be construed as a step towards acquisition of land.

Compensation for the land acquisition cannot substituted by TDR / FSI without consent of the owner.

The demolition of the compound wall without compensation is violative of Article 300A of the Constitution of India.

HELD that instead of taking recourse to lawful acquisition of land, the respondents have gone ahead to demolish the compound wall on the land of the petitioner without payment of compensation. 

The Respondent No.1 had issued notice dated 30.8.2022 to the petitioner for road widening to the extent of 30 meters in accordance with the development plan.  The compound wall constructed by the petitioner was affecting the road widening.  

The petitioner filed representation for clarification on monetary compensation for the proposed acquisition of the land.

Judgment dated 20.2.2025 of the High Court of Bombay (AS) in Writ Petition No.11543 of 2024 of Purnima Talkies  Vs.  Chief Officer, Dahanu Nagar Parishad, Dahanu Nagar and others