SHANKAR GULAB PATHAREversusTHE SPECIAL LAND ACQUITION OFFICER AND ORS

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO. 12432 OF 2023

Shankar Gulab Pathare                       … Petitioner
      Versus
The Special Land Acquisition Officer & Ors. … Respondents
                             WITH
           WRIT PETITION (L) NO. 32312 OF 2023
Dattatraya Balu Pathare & Ors.              … Petitioners
      Versus
The Special Land Acquisition Officer & Ors. … Respondents
                              ******
Mr. Vishwajit Sawant, Senior Advocate, i/by Mr. Sugandh
Deshmukh for Petitioner in both Writ Petitions.
Mrs. M. S. Bane, AGP for Respondent-State in WP/12432/2023.
Mr. R. S. Pawar, AGP for Respondent-State in WPST/32312/2023.
Mr. Kedar B. Dighe for Respondent Nos.4 to 6-PCMC.
Mr.Khadatare S.S., Asst. Director, Town Planning, PCMC, Present.
Mr. Kute A. B., Deputy Engineer, PCMC, Present.
                              ******
                       CORAM : MANISH PITALE AND
                                   SHREERAM V. SHIRSAT, JJ.

                            DATE       : 2nd SEPTEMBER 2026

P.C. :

.         On 30th June 2026, after hearing the learned counsel for the
parties, this Court passed the following order :

          “.     At the outset, learned senior counsel appearing for the
          Petitioners sought leave to amend Writ Petition (ST) No.
          32312 of 2023 in order to correct the name of Petitioner No.
          9 as “Sunita Lalasaheb Pathare”. He further submitted that
          due to inadvertance, the name of the remaining son of
          deceased Lalasaheb Pathare was not shown as a Petitioner in
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          the said with Petition. In that light, leave is sought to add the
          name of Aniket Lalasaheb Pathare as Petitioner No. 10 in the
          said petition. In the interest of justice, the prayer made on
          behalf of the Petitioners in the said writ petition is granted.
          Accordingly, the name of Petitioner No. 9 shall be corrected
          and the name of Aniket Lalasaheb Pathare shall be added as
          Petitioner No. 10 in the said Petition.
          2.      Amendment be carried out forthwith.
          3.     Having heard the learned counsel for the parties, we
          find that these petitions can be disposed of by issuing
          appropriate directions. The learned counsel for the
          Respondent - Municipal Corporation has informed this Court
          that the monetary compensation pertaining to the shares of
          the Petitioners has been already deposited with the Special
          Land Acquisition Officer (SLAO). In that light, it is submitted
          that the Respondent - Municipal Corporation will not be able
          to consider granting compensation in the form of Transferable
          Development Rights (TDR) Certificates in lieu of monetary
          compensation, but we are of the opinion that if an
          appropriate direction is issued for considering such an
          application that may be moved by the Petitioners for grant of
          TDR Certificates, a further direction can be issued for
          returning the monetary compensation pertaining to the shares
          of the Petitioners from the SLAO to the Respondent -
          Municipal Corporation and in view thereof, the TDR
          Certificates can be issued. We are inclined to consider issuing
          such directions in the light of the fact that due to the ad-
          interim order passed by this Court on 09/10/2023, further
          construction of the subject road has been hampered. This is
          causing serious prejudice to the public at large.
          4.    The challenge raised in these petitions with regard to
          alleged deviation from the alignment of the road as per the
          development plan may be given up by the Petitioners if they
          are adequately compensated by issuing TDR Certificates.
          5.    At the same time, we do find substance in the
          contention of the learned counsel appearing for the
          Respondent - Municipal Corporation that relevant rules and
          regulations will have to be followed, while considering the
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          applications that may be submitted by the Petitioners for grant
          of TDR Certificates in lieu of monetary compensation. We are
          informed that public notices for a specific period are required
          to be issued for inviting objections, if any, in the light of
          consideration of the applications that may be moved by the
          Petitioners for grant of such TDR Certificates. The requisite
          procedure will have to be followed, in accordance with law.
          6.     At this stage, the learned counsel for the Respondent-
          Municipal Corporation is pressing for a direction to the
          Petitioners to hand over possession of the subject land
          forthwith, while their applications proposed to be filed for
          TDR Certificates can be considered in accordance with law.
          On the other hand, the learned Senior Counsel appearing for
          the Petitioners submits that this Court may issue appropriate
          directions for expeditious consideration of the proposals for
          grant of TDR Certificates and that the ad-interim order may
          not be varied.
          7.    In view of the above, the following directions are
          issued:
             (a) The Petitioners shall submit applications for grant of
             TDR Certificates before the competent officer of the
             Respondent- Municipal Corporation on or before
             06/07/2026.
             (b) The Respondent- Municipal Corporation shall
             forthwith start processing the said applications in
             accordance with the relevant rules and regulations.
             (c) The process shall be completed by the Respondent –
             Municipal Corporation at the earliest possible and in any
             case within four weeks from 06/07/2026, while the actual
             issuance of the TDR Certificates shall be kept in abeyance
             till further orders by this Court.
             (d) In the event, the Petitioners are required to obtain
             certain documents from revenue authorities and other
             officers of the Respondent – State, such authorities and
             officers are directed to cooperate with the Petitioners, so
             that the timeline indicated hereinabove can be complied
             with.
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          8.     This Court shall consider disposing of the Petition on
          the next date of hearing by issuing appropriate directions for
          handing over of possession of the subject land to the
          Respondent- Municipal Corporation in the light of the
          developments that shall take place in pursuance of the
          directions issued hereinabove.
          9.    List on 4th August 2026 to be included in the
          supplementary list.
          10. Ad-interim order shall continue to operate till the next
          date.”
2.        Thereafter, the hearing in these petitions was adjourned on
few occasions and eventually, it was indicated that the dispute
could be worked out amicably. The respondent-Municipal
Corporation is concerned with disposal of these writ petitions, at
the earliest, in the light of an ad-interim order dated 9 th October
2023, due to which construction of a road is hampered.

3.        Although by these writ petitions, the petitioners, inter alia,
challenged the land acquisition award, in the light of the
observations made in the above quoted order dated 30 th June
2026,         the   petitioners   are   willing   to   accept   Transferable
Development Rights (TDR)/Floor Space Index (FSI) in lieu of
monetary compensation.

4.        It appears that the parties have been able to reach common
ground and in the light of the submissions made before this Court
today, the writ petition itself can be disposed of. It is to be noted
that the petitioners have indicated their willingness to surrender
the subject lands, subject to measurement exercise being completed
and thereupon, TDR being given to the petitioners, as
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compensation in lieu of monetary compensation, upon submission
of all necessary documents before the respondent-Municipal
Corporation.

5.        In view of the above, the writ petitions are disposed in the
following terms :

  (a) The         monetary      compensation        of   Rs.26,39,45,004/-
          deposited by the respondent-Municipal Corporation with
          the respondent-Special Land Acquisition Officer (SLAO)
          shall   be    refunded     to       the   respondent-Municipal
          Corporation by the SLAO, with interest, if any, accrued
          on the said amount.

  (b) In view thereof, the respondent-Municipal Corporation
          shall grant TDR to the petitioners, as per the provisions
          of Section 126(1)(b) of the Maharashtra Regional and
          Town Planning Act, 1966, proportionate to their share
          against the area of lands, as per actual measurements,
          concerning the subject lands. This would be subject to the
          measurement exercise being completed within three
          months and submission of all necessary documents by the
          petitioners with the TDR proposal, in accordance with
          law, before the respondent-Municipal Corporation.

  (c) The         petitioners    shall    hand      over    peaceful       and
          unencumbered possession of the subject lands, as per the
          award, within a period of two weeks from today, in
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          respect of which registered possession documents shall be
          executed, in accordance with law.

6.        In view of the above, the ad-interim order passed by this
Court, stands vacated.

7.        It is made clear that this order is passed in the peculiar facts
and circumstances of the present case.

8.        The petitioners would be at liberty to approach this Court in
case of any difficulty.

9.        Pending applications, if any, also stand disposed of.



  (SHREERAM V. SHIRSAT, J.)                      (MANISH PITALE, J.)

                Digitally signed by
   BIPIN        BIPIN DHARMENDER
   DHARMENDER   PRITHIANI
   PRITHIANI    Date: 2026.09.03
                10:42:07 +0530