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General Latest Legal September 2023

TDR Certificate for DP Road of 30 mts width used in the land of Coop Housing Society in Bibavewadi Tq Haveli District Pune

September 17, 2023 legaldeli

TDR Certificate for DP Road of 30 mts width used in the land of Coop Housing Society in Bibavewadi Tq Haveli District Pune

The land of 1206.61 sq.mts (subject land) out of the total land Survey No.682/A at Bibavewadi (Munjeri) Tq. Haveli District Pune of the petitioner cooperative housing society as owner was used for Development Plan Road by the respondent no.1 Pune Municipal Corporation.

On 9.7.1973 the lay out plan of the petitioner was sanctioned. As a result, the land was divided into several plots and provision for internal roads declared as public streets under Section 224 of the Maharashtra Municipal Corporations Act, 1949.

The internal roads covered an area of 4007.99 sq.mts as per the Declaration dated 3.8.1973 and the Certificate was issued on 4.9.1973. The possession was also handed over to the PMC.

The Government sanctioned Development Plan for the City of Pune under Section 31 of the MRTP Act and land of 1206.61 sq.mts was designated as DP Road of 30 meters width.

On 29.9.2006, the petitioner transferred rights to receive and sell TDR in the subject land to M/s.Prathamesh Construction which constructed recreational hall free of costs for the society.

On 23.11.2006, the society submitted the proposal to PMC for grant of TDR on the ground that no award of compensation for subject land was passed.

By the letter dated 10.12.2008, the request of the petitioner for TDR was rejected as per provision of N.2.4.1(A) of the Development Control Rules.

It was said that grant of TDR was not permissible as the land of DP Road was retained for user by the Society.

HELD that the ground taken by the Corporation to deny TDR to the petitioner is without any basis in law and directed the Corporation to grant TDR within a period of three months from the date of the judgment.

Judgment dated 15.9.2023 in Writ Petition No.9392 of 2017 – Shri Chhatrapati Rajaram Cooperative Housing Society Ltd. Vs. The Municipal Corporation of City of Pune and others

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