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Bombay High Court

SHRI. JAYANT SHIVAJIRAO SANAPversusNASHIK MUNICIPAL CORPORATION AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the corporation must issue an additional Development Rights Certificate covering the entire 3,245 sq.m. surrendered for the 18‑metre wide road.

Summary

The petitioner, Jayant Shivajirao Sanap, surrendered 3,245 sq.m. of his land to Nashik Municipal Corporation for an 18‑metre wide development road and was promised a Development Rights Certificate (DRC) covering the entire surrendered area. The corporation issued a DRC on 30 March 2015 that only accounted for 1,458 sq.m., citing that only a 9‑metre road portion was actually surrendered. The petitioner challenged this, arguing that the sale deed and the Letter of Intent clearly indicated the full 18‑metre width and the larger area. The court examined the documents and found the corporation’s contention untenable, noting that the agreement and deed reflected the full 3,245 sq.m. surrender. While the court could have set aside the original DRC, it noted the petitioner had already utilized it and instead directed the corporation to issue an additional DRC covering the full area. The petition was disposed of with the rule made absolute.

Issues considered

  • Whether the Development Rights Certificate issued by the municipal corporation should reflect the full area of land surrendered for the 18‑metre wide development road
  • Whether the corporation’s claim that only a 9‑metre portion was surrendered is consistent with the sale deed and agreement

Subjects

  • Development Rights Certificate
  • Land surrender
  • Municipal corporation
  • Urban planning
  • Road widening
  • Floor Space Index

Judgment

NISHA             Digitally signed by
                  NISHA SANDEEP
SANDEEP           CHITNIS
                  Date: 2026.09.08
CHITNIS           15:38:15 +0530                                     902-WP.9922.2015.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.9922 OF 2015

                  Jayant Shivajirao Sanap
                  Age:38 years, Occ:Business/Agriculturist
                  R/o. Aikya Bungalow, Plot No.27
                  Ashwin Co-operative Housing Society
                  Jay Bhavani Road, Upnagar, Nashik Road
                  Nashik – 422 006.                             ...Petitioner

                                   Versus

                  1.      Nashik Municipal Corporation
                          Rajiv Gandhi Bhavan, Sharanpur Road
                          Nashik – 422 002.

                  2.      Municipal Commissioner for Nashik
                          Municipal Corporation
                          Rajiv Gandhi Bhavan, Sharanpur Road
                          Nashik – 422 002.

                  3.      The Assistant Director
                          Town Planning,
                          Nashik Municipal Corporation
                          Nashik
                          (Mr. Vijay B. Shende)

                  4.      The State of Maharashtra
                          Through its Urban Development
                          Ministry                              ...Respondents

                  Mr. Suresh Sabrad with Mr. Amey Sawant for the Petitioner.

                  Ms. Chaitrali Deshmukh for the Respondent Nos.1 to 3-Nashik
                  Municipal Corporation.

  N. S. Chitnis                                                                      1/7
                                                                     902-WP.9922.2015.doc




                Mr. M. M. Pabale, A.G.P. for the Respondent No.4-State.


                                            CORAM: BHARATI DANGRE &
                                                   ASHISH S. CHAVAN, JJ.

                                         DATE     : 2nd SEPTEMBER 2026

                ORAL JUDGMENT (Per Bharati Dangre, J.) :

                1.         Rule. Rule is made returnable forthwith with the consent

                of the parties and is taken up for final disposal.     Learned counsel

                appearing for the respondents waive notice on behalf of the respective

                respondents.



                2.         The limited grievance of the petitioner is non-issuance of

                Development Rights Certificate (‘DRC’) in favour of the petitioner in

                lieu of 18.00 Mtr. D.P. Road (i.e. area of 3245 sq. mtrs.) which was

                surrendered to the Nashik Municipal Corporation (‘Corporation’)

                from Gat No.311, situated at Village Chadegav, Taluka and District

                Nashik.

                           The learned counsel for the petitioner has invited our

                attention to the Notification issued on 13th January 2000, notifying the


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                modification to the Development Plan and, pursuant thereto, a Letter

                of Intent came to be issued to the petitioner by the Commissioner of

                NMC on 12th February 2014, as regards the subject “Grant of

                Development Right Certificate in lieu of land bearing G.No.311 (P.) of

                Chadegaon Division/Village reserved for the purpose of 18.00 Mtr.

                Wide D.P. Road”.

                            As the D.P. Road was passing through the property of the

                petitioner, in lieu of him handing over of the same, the Corporation

                intimated him about his entitlement of the DRC in lieu of the land,

                subject to compliance of certain stipulations, like levelling the land by

                filling or cutting as may be necessary to the formation level of the

                nearby road to the satisfaction of the Corporation along with making

                arrangement of drainage as directed by the S. Engineer (Drainage). It

                also contemplated construction of a compound wall with an adequate

                number of gates, as per the design and as per the standard specification

                of the Corporation along with a retaining wall.

                            The Letter of Intent made it clear that Agreement to hand

                over the reservation of 18.00 Mtr. D.P. Road should be made and duly


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                                                                     902-WP.9922.2015.doc


                registered with the Sub-Registrar, and that the charges of the

                registration shall be borne by the applicant. One of the important

                conditions of the Letter of Intent was to the effect that the reservation

                of 18.00 Mtr. D.P. Road area vide registered agreement with the Sub-

                Registrar should be made prior to the issuance of DRC and Clause

                No.10 granted DRC area to be 100% reservation of 18.00 Mtr. D.P.

                Road.

                            In the light of the Letter of Intent a registered Agreement

                is also executed between the Deputy Director, Town Planning, Nashik

                Municipal Corporation, and the petitioner, wherein the subject

                property is described as an area admeasuring 3245.00 sq.mtr, reserved

                for the 18.00 Mtr. D.P. Road, from the total area of the petitioner

                admeasuring 2 H 39 R, which is purchased by the petitioner.

                            The Agreement clearly stipulates that from the area

                belonging to the petitioner, since 18.00 Mtr. D.P. Road was passing

                through the said area, he has handed over the possession of 18.00 Mtr.

                D.P. Road to the Corporation and the details of which are specifically

                provided i.e. it is at an area admeasuring 3245.00 sq.mtr.


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                                                                    902-WP.9922.2015.doc




                3.         The petitioner is aggrieved by a DRC being granted on

                30th March 2015 and though it specifically mention 18.00 Mtr. wide

                D.P. Road as the reservation. Column ‘4’ of the Certificate certifies

                that the DRC will be allowed to be used as provided under regulation

                No.13-3-1 of DC regulations for Nashik-2000 and the Certificate has

                mentioned the F.S.I. Credit of Built-up area as 1458 sq.mts though the

                petitioner has handed over the area of 3245.00 sq.mtr. and the

                Agreement specifically mentions that.

                           The learned counsel representing the Corporation however

                supported the issuance of DRC Certificate to the extent of 1458 sq.mts

                by relying upon the affidavit-in-reply filed by the Assistant Director,

                Town Planning, Nashik Municipal Corporation, stating that the NMC

                had issued DRC on 24th February 2014 for the area admeasuring 1458

                sq.mts surrendered for widening of 9 mts wide Road to the extent of

                18.00 Mtr. Wide D.P. Road.

                           We fail to find substance in the said stand, as if the

                entire D.P road of 18.00 Mtr. is passing through the property of the


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                petitioner and the registered Sale Deed         executed between the

                Corporation and the petitioner clearly reflect that an area of 3245.00

                sq.mtr. has been surrendered by him to the Corporation for 18.00 Mtr.

                D.P. Road, the stand of the Corporation that 9 mtr. ‘ Vahivat’ rasta was

                already there and what is only surrendered is 9 mtr. is not             an

                acceptable contention as    Sale Deed clearly records that what was

                reserved   was an area of 3245.00 sq.mtr covering 18.00 Mtr. D.P.

                Road passing through the property of the petitioner.

                            In such circumstances, though we could have quashed and

                set aside the said Certificate, since we are informed that the DRC has

                already been utilised by the petitioner by availing of the F.S.I. at the

                permitted place, we direct the Corporation to issue an additional

                DRC, so as to cover the 18.00 Mtr. D.P. Road and the total area

                admeasuring 3245.00 sq. mtrs. The said Certificate shall be read in

                addition to the DRC already issued to the petitioner on 30 th March

                2015.

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

                Rule is made absolute on the aforesaid terms.



                ASHISH S. CHAVAN, J.                      BHARATI DANGRE, J.




N. S. Chitnis                                                                       7/7


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