AMBIKA STRUCTURES AND DEVELOPERS LLPversusPUNE MUNICIPAL CORPORATION AND ORS

                                                                                   912-WP.11271.2026.odt

     JVS.
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

JAYANT
                                        WRIT PETITION NO. 11271 OF 2026
VISHWANATH
SALUNKE

Digitally signed by
JAYANT VISHWANATH
SALUNKE
                      Ambika Structures and Developers L.L.P. }
Date: 2026.09.03
16:03:18 +0530
                      A Limited Liability Partnership registered }
                      under the provisions of the L.L.P. Act,     }
                      2008, having its registered office at: 203, }
                      Park Plaza, Opp. Kamala Nehru Park,         }
                      Ketkar Road, Deccan Gymkhana,               }
                      Pune-411 004. Through its authorised        }
                      Representative, Ganesh Dnyanoba Pokale }        Petitioner
                             Versus
                      1. Pune Municipal Corporation,              }
                      A body constituted under the provisions     }
                      of the Maharashtra Municipal Corporations }
                      Act, 1949, through its Municipal            }
                      Commissioner, PMC Main Building,            }
                      Shivajinagar, Pune-411 005.                 }
                                                                  }
                      2. The Town Planning Officer,               }
                      Pune Municipal Corporation, Shivajinagar, }
                      Pune-411 005                                }
                                                                  }
                      3. The State of Maharashtra,                }
                      through the Principal Secretary, Urban      }
                      Development Department, Mantralaya,         }
                      Mumbai-400 032                              }   Respondents


                      Mr. Sanjeev M. Gorwadkar, Senior Advocate i/b. Mr. Soham S.
                      Lande, for the Petitioner.

                      Mr. Abhijit P. Kulkarni with Mr. Abhishek Roy and Ms. Sweta
                      Shah for Respondent Nos. 1 & 2 (PMC).

                      Ms. Neha S. Bhide, Government Pleader with Mr. K. B. Dighe,
                      Additional Government Pleader and Ms. P. J. Gavhane, AGP for
                      Respondent No. 3 (State).




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             CORAM : RAVINDRA V. GHUGE, ACJ. &
                     GAUTAM A. ANKHAD, J.

             DATE         : 2nd SEPTEMBER, 2026


ORAL JUDGMENT: (Per: Ravindra V. Ghuge, ACJ.)


1.           Rule. Rule made returnable forthwith and heard finally with the

consent of the parties.




2.           The Petitioner has put-forth prayer clauses (b), (c) and (d), as

under: -

            “b. The Respondents be directed to issue the
            Development Rights Certificate (D. R. C.) for the applicable
            Transferable Development Rights (T. D. R.) with respect to
            the Petitioner’s land admeasuring 6,889.13 Sq. Meters out of
            Survey Nos. 127/2A/1, 127/2A/2, and 127/2B situated at
            village Dhayari, Taluka Haveli, District Pune which was
            surrendered as shown in the layout dated 15.05.2013 and
            which is in possession of the P.M.C., within a period of one
            month, without insisting on the updation of the 7/12 extract
            in the name of the Pune Municipal Corporation by the
            P.M.R.D.A.;


            c.      Pending the hearing and final disposal of this Petition,
            this Hon’ble Court may kindly be pleased to direct the
            Respondent authorities to provisionally release the
            Development Rights Certificate (D.R.C.) in respect of the
            Petitioner’s surrendered land as shown in the layout dated
            15.05.2013 and which is in possession of the P.M.C., subject
            to the final outcome of the present Petition.;




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             d.     Pending the hearing and final disposal of this Petition,
             this Hon’ble Court may kindly be pleased to direct the
             Respondent authorities to use the mutation entry in the name
             of the Pune Metropolitan Region Development Authority
             (P.M.R.D.A.) on the 7/12 extract of the land for processing
             the Petitioner’s claim and granting T.D.R. compensation in
             the form of D.R.C. to the Petitioner.”



3.           Since this Petition is being taken up for final hearing, by consent

of the parties, prayer clauses (c) and (d) are not being pressed.




4.           Since the learned Advocate, Mr. Kulkarni, is on the Panel of

Respondent Nos. 1 and 2, the Pune Municipal Corporation (PMC), we

requested him to take instructions. He has taken instructions and addressed

the Court.




5.           Considering the submissions of the learned Senior Advocate for

the Petitioner, the learned Government Pleader and Mr. Kulkarni, we find

that a short issue is to be dealt with. The Petitioner has agreed to accept the

Transferable Development Rights (TDR), which, otherwise, would be in the

form of a Development Rights Certificate (DRC), in lieu of monetary

compensation.




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6.           The learned Advocate for Respondent Nos. 1 and 2 submitted,

on instructions, that there is no difficulty in granting the TDR to the

Petitioner, but for a practical difficulty. The Revenue records still maintain a

portion of the property surrendered by the Petitioner, in the name of the Pune

Metropolitan Region Development Authority (PMRDA). These Revenue

records need to be corrected and the entry of PMC in the Revenue records, in

place of PMRDA, will have to be carried out.




7.           We appreciate that the learned Government Pleader, Ms. Bhide,

submits that the directions of this Court would be communicated to the

PMRDA at the earliest.




8.           In view of the above, we direct that the PMRDA would ensure

that the portion of the land surrendered by the Petitioner, which stands in the

name of PMRDA in the Revenue records, would be shown to have been

transferred in the name of the PMC, in the Revenue records, within a period

of 30 days from today. Once the Revenue records are corrected, the PMC

would issue the TDR certificate to the Petitioner, within a period of 30 days

thereafter. The proposal for grant of TDR shall be considered in terms of the

UDPCR-2034.




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9.          In view of the above directions, the Petition is partly allowed in

terms of prayer clause (b), save and except, the timelines set out in the

foregoing paragraph.




10.         Rule is made partly absolute in the above terms.




      [GAUTAM A. ANKHAD, J.]                [ACTING CHIEF JUSTICE]




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