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 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.09.08 15:38:15 +0530 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 N. S. Chitnis 2/7 902-WP.9922.2015.doc 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”. 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 N. S. Chitnis 3/7 902-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. N. S. Chitnis 4/7 902-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 N. S. Chitnis 5/7 902-WP.9922.2015.doc 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 30th March 2015. N. S. Chitnis 6/7 902-WP.9922.2015.doc 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