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Judgment
(Per: Ravindra V. Ghuge, ACJ.)
Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
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.;
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.”
Since this Petition is being taken up for final hearing, by consent of the parties, prayer clauses (c) and (d) are not being pressed.
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.
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.
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.
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.
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.
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.
Rule is made partly absolute in the above terms.