bipin prithiani 1 908-wp-12432.23 & anr.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12432 OF 2023 Shankar Gulab Pathare … Petitioner Versus The Special Land Acquisition Officer & Ors. … Respondents WITH WRIT PETITION (L) NO. 32312 OF 2023 Dattatraya Balu Pathare & Ors. … Petitioners Versus The Special Land Acquisition Officer & Ors. … Respondents ****** Mr. Vishwajit Sawant, Senior Advocate, i/by Mr. Sugandh Deshmukh for Petitioner in both Writ Petitions. Mrs. M. S. Bane, AGP for Respondent-State in WP/12432/2023. Mr. R. S. Pawar, AGP for Respondent-State in WPST/32312/2023. Mr. Kedar B. Dighe for Respondent Nos.4 to 6-PCMC. Mr.Khadatare S.S., Asst. Director, Town Planning, PCMC, Present. Mr. Kute A. B., Deputy Engineer, PCMC, Present. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. DATE : 2nd SEPTEMBER 2026 P.C. : . On 30th June 2026, after hearing the learned counsel for the parties, this Court passed the following order : “. At the outset, learned senior counsel appearing for the Petitioners sought leave to amend Writ Petition (ST) No. 32312 of 2023 in order to correct the name of Petitioner No. 9 as “Sunita Lalasaheb Pathare”. He further submitted that due to inadvertance, the name of the remaining son of deceased Lalasaheb Pathare was not shown as a Petitioner in bipin prithiani 2 908-wp-12432.23 & anr.doc the said with Petition. In that light, leave is sought to add the name of Aniket Lalasaheb Pathare as Petitioner No. 10 in the said petition. In the interest of justice, the prayer made on behalf of the Petitioners in the said writ petition is granted. Accordingly, the name of Petitioner No. 9 shall be corrected and the name of Aniket Lalasaheb Pathare shall be added as Petitioner No. 10 in the said Petition. 2. Amendment be carried out forthwith. 3. Having heard the learned counsel for the parties, we find that these petitions can be disposed of by issuing appropriate directions. The learned counsel for the Respondent - Municipal Corporation has informed this Court that the monetary compensation pertaining to the shares of the Petitioners has been already deposited with the Special Land Acquisition Officer (SLAO). In that light, it is submitted that the Respondent - Municipal Corporation will not be able to consider granting compensation in the form of Transferable Development Rights (TDR) Certificates in lieu of monetary compensation, but we are of the opinion that if an appropriate direction is issued for considering such an application that may be moved by the Petitioners for grant of TDR Certificates, a further direction can be issued for returning the monetary compensation pertaining to the shares of the Petitioners from the SLAO to the Respondent - Municipal Corporation and in view thereof, the TDR Certificates can be issued. We are inclined to consider issuing such directions in the light of the fact that due to the ad- interim order passed by this Court on 09/10/2023, further construction of the subject road has been hampered. This is causing serious prejudice to the public at large. 4. The challenge raised in these petitions with regard to alleged deviation from the alignment of the road as per the development plan may be given up by the Petitioners if they are adequately compensated by issuing TDR Certificates. 5. At the same time, we do find substance in the contention of the learned counsel appearing for the Respondent - Municipal Corporation that relevant rules and regulations will have to be followed, while considering the bipin prithiani 3 908-wp-12432.23 & anr.doc applications that may be submitted by the Petitioners for grant of TDR Certificates in lieu of monetary compensation. We are informed that public notices for a specific period are required to be issued for inviting objections, if any, in the light of consideration of the applications that may be moved by the Petitioners for grant of such TDR Certificates. The requisite procedure will have to be followed, in accordance with law. 6. At this stage, the learned counsel for the Respondent- Municipal Corporation is pressing for a direction to the Petitioners to hand over possession of the subject land forthwith, while their applications proposed to be filed for TDR Certificates can be considered in accordance with law. On the other hand, the learned Senior Counsel appearing for the Petitioners submits that this Court may issue appropriate directions for expeditious consideration of the proposals for grant of TDR Certificates and that the ad-interim order may not be varied. 7. In view of the above, the following directions are issued: (a) The Petitioners shall submit applications for grant of TDR Certificates before the competent officer of the Respondent- Municipal Corporation on or before 06/07/2026. (b) The Respondent- Municipal Corporation shall forthwith start processing the said applications in accordance with the relevant rules and regulations. (c) The process shall be completed by the Respondent – Municipal Corporation at the earliest possible and in any case within four weeks from 06/07/2026, while the actual issuance of the TDR Certificates shall be kept in abeyance till further orders by this Court. (d) In the event, the Petitioners are required to obtain certain documents from revenue authorities and other officers of the Respondent – State, such authorities and officers are directed to cooperate with the Petitioners, so that the timeline indicated hereinabove can be complied with. bipin prithiani 4 908-wp-12432.23 & anr.doc 8. This Court shall consider disposing of the Petition on the next date of hearing by issuing appropriate directions for handing over of possession of the subject land to the Respondent- Municipal Corporation in the light of the developments that shall take place in pursuance of the directions issued hereinabove. 9. List on 4th August 2026 to be included in the supplementary list. 10. Ad-interim order shall continue to operate till the next date.” 2. Thereafter, the hearing in these petitions was adjourned on few occasions and eventually, it was indicated that the dispute could be worked out amicably. The respondent-Municipal Corporation is concerned with disposal of these writ petitions, at the earliest, in the light of an ad-interim order dated 9th October 2023, due to which construction of a road is hampered. 3. Although by these writ petitions, the petitioners, inter alia, challenged the land acquisition award, in the light of the observations made in the above quoted order dated 30th June 2026, the petitioners are willing to accept Transferable Development Rights (TDR)/Floor Space Index (FSI) in lieu of monetary compensation. 4. It appears that the parties have been able to reach common ground and in the light of the submissions made before this Court today, the writ petition itself can be disposed of. It is to be noted that the petitioners have indicated their willingness to surrender the subject lands, subject to measurement exercise being completed and thereupon, TDR being given to the petitioners, as bipin prithiani 5 908-wp-12432.23 & anr.doc compensation in lieu of monetary compensation, upon submission of all necessary documents before the respondent-Municipal Corporation. 5. In view of the above, the writ petitions are disposed in the following terms : (a) The monetary compensation of Rs.26,39,45,004/- deposited by the respondent-Municipal Corporation with the respondent-Special Land Acquisition Officer (SLAO) shall be refunded to the respondent-Municipal Corporation by the SLAO, with interest, if any, accrued on the said amount. (b) In view thereof, the respondent-Municipal Corporation shall grant TDR to the petitioners, as per the provisions of Section 126(1)(b) of the Maharashtra Regional and Town Planning Act, 1966, proportionate to their share against the area of lands, as per actual measurements, concerning the subject lands. This would be subject to the measurement exercise being completed within three months and submission of all necessary documents by the petitioners with the TDR proposal, in accordance with law, before the respondent-Municipal Corporation. (c) The petitioners shall hand over peaceful and unencumbered possession of the subject lands, as per the award, within a period of two weeks from today, in bipin prithiani 6 908-wp-12432.23 & anr.doc respect of which registered possession documents shall be executed, in accordance with law. 6. In view of the above, the ad-interim order passed by this Court, stands vacated. 7. It is made clear that this order is passed in the peculiar facts and circumstances of the present case. 8. The petitioners would be at liberty to approach this Court in case of any difficulty. 9. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2026.09.03 10:42:07 +0530