Bombay High Court

APURVA CO-OPERATIVE HOUSING SOCIETY AND ORS.versusTHANE MUNICIPAL CORPORATION AND ORS.

Decided: 6 August 2026
Disposal: Disposed Off
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The Court ordered that compensation be determined under the 2013 Act and released to the eight affected members within twelve weeks.

Summary

The Bombay High Court heard a writ petition filed by Apurva Co‑Operative Housing Society and others seeking compensation for eight members who had not yet received alternative accommodation after a municipal acquisition. The Municipal Corporation proposed either a Transfer of Development Rights under Section 126(1)(b) of the Maharashtra Regional and Town Planning Act, 1966, or compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners and an intervener accepted the compensation route under the 2013 Act. The Court directed the Corporation to place the matter before the Collector for determination of compensation and ordered that the amount be released to the eight members within twelve weeks. Accordingly, the writ petition and the pending interim application were disposed of.

Issues considered

Whether the petitioners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 instead of a TDR under the MRTP Act
Procedural steps for determination and disbursement of such compensation

Legislation cited

Subjects

compensation
land acquisition
rehabilitation
resettlement
TDR
MRTP Act
Right to Fair Compensation and Transparency Act
writ petition
Bombay High Court

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.08.10
          17:47:40                                1/3                 20 WP.9289.2018.odt
          +0530



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 9289 OF 2018
                       Apurva Co-Operative Housing
                       Society & Ors.                          ..   Petitioners
                                        Versus
                       Thane Municipal Corporation & Ors.      ..   Respondents
                                                  WITH
                                   INTERIM APPLICATION NO. 4782 OF 2026
                                                    IN
                                      WRIT PETITION NO. 9289 OF 2018
                       Sunita Shivaji Patil                  .. Applicant/Intervener
                       In the matter between:
                       Apurva Co-Operative Housing
                       Society & Ors.                        .. Petitioners
                                       Versus
                       Thane Municipal Corporation & Ors. .. Respondents
                                                     …
                       Mr. Erach Kotwal i/by Mr. Sachin Thorat, for the Petitioners.
                       Mr. Dhananjay K. Bhosale a/w Ms Gaurangi Pujara, for the
                       Applicant/Intervener.
                       Mr. Ramchandra S. Apte, Senior Advocate i/b Mr. Ajit Pitale
                       a/w Mr. Siddharth Pitale, for the Respondent-TMC.
                       Ms Savita A. Prabhune, AGP, for the State.
                                                     …
                                        CORAM: BHARATI DANGRE &
                                                 MANJUSHA DESHPANDE, JJ.

                                          DATED : 06th AUGUST, 2026

                       P.C:-

                       1.      In continuation of our previous orders, we have noted
                       that, out of 12 members, 4 members have already been
                       provided alternative accommodation, but 8 are awaiting the

                       Rushikesh
                               2/3                  20 WP.9289.2018.odt

bene?t. Today, Mr. Apte, learned Senior Counsel representing
the    Municipal    Corporation      has   placed     before      us      a
communication from the City Development and Planning
Of?cer, Thane Municipal Corporation (TMC), wherein two
suggestions are offered. One is availing the bene?t as per
Section 126(1)(b) of the Maharashtra Regional and Town
Planning Act, 1966 (for short “the MRTP Act), in the form of
TDR, or else, if the Petitioners insist upon grant of
compensation under the Right to Fair Compensation and
Transparency       in   Land     Acquisition,   Rehabilitation       and
Resettlement Act, 2013 (for short “the Act of 2013), the
appropriate proposal shall be forwarded to the of?ce of the
Collector, and upon the amount being determined by the
Collector as compensation, the amount shall be disbursed to
the Petitioners.

2.     The communication dated 05.08.2026 placed by the
learned Senior Counsel, Mr. Apte, is taken on record and
marked as “X” for identi?cation.

       On perusal of the aforesaid, the learned counsel for the
affected 7 Petitioners and one Intervener are ready to accept
the said suggestion of availing the compensation under the Act
of 2013. We record the aforesaid statement.

3.     We expect the Corporation to immediately take steps for
determining the compensation under the Act of 2013 by
placing the matter before the Collector, and upon the
compensation being determined, the same shall be released in
favour of all the 8 members who are covered by this order, not
later than twelve weeks from the date of computation. We
expect the Collector to do so expeditiously.

Rushikesh
                           3/3                 20 WP.9289.2018.odt

       With the aforesaid directions, the Writ Petition is
disposed of.

       Pending Interim Application also stand disposed of.




(MANJUSHA DESHPANDE, J.)               (BHARATI DANGRE, J.)




Rushikesh

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