TDR for Development of road constructed in 2011 in Pune Municipal Corporation area at the cost and expenses of members of the Petitioner – CREDAI-METRO PUNE Association
Additional TDR – Development of road in PMC area at the cost and expenses of members of the Petitioner – CREDAI-PUNE Association
The Petitioner-Association claimed TDR for construction of road in 2011 in PMC area as per DCR No.2.4.6. Pune DC Rules were framed in 1987. The concept of TDR was introduced in 1997 vide Notification dated 5.6.1996. However, the term built-up area in clause 2.13 of 1987 DC Rules were not updated and/or amended to bring them in consonance with the provisions of TDR scheme and the MRTP Act. Moreover, no TDR was granted by PMC to any of the land owners on account of construction of road.
The Municipal Commissioner of Pune Municipal Corporation rejected the application of the petitioner – CREDAI Association for grant of additional TDR for the development of road, vide order dated 31.8.2023 on the ground that the decision of the Supreme Court in Godrej & Boyce case is not applicable to its case.
HELD the scheme of DCRs of Pune Corporation and Mumbai Corporation is quite different, the petitioner did not file building permissions granted to any developer, the building permissions granted show that the legal obligation is cast on the land owner to develop / construct the road, the amount deposited by the owners are in compliance with the said obligation. The writ petitions were dismissed.
Judgment dated 20.10.2023 in Writ Petition No.6216 of 2014 – CREDAI-PUNE Metro and others Vs. The State of Maharashtra and others with connected matters.
Thanks. pl guide for points of elaboration