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2018 DAILYLAW 3299 (BOM)

APURVA CO-OPERATIVE HOUSING SOCIETY AND ORS. v. THANE MUNICIPAL CORPORATION AND ORS.

WP/9289/2018 · 2026-08-06

Smt Bharati Dangre, Smt Manjusha Ajay Deshpande

Transfer Petitionbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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