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.
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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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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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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.
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