Ambika Structures And Developers Llp vs Pune Municipal Corporation And Ors

CNR No : HCBM010411142026

2026:BHC-AS:36203-DB
912-WP.11271.2026.odt

JVS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11271 OF 2026
JAYANT
VISHWANATH
SALUNKE
Ambika Structures and Developers L.L.P. }
A Limited Liability Partnership registered }
under the provisions of the L.L.P. Act, }
2008, having its registered office at: 203, }
Park Plaza, Opp. Kamala Nehru Park, }
Ketkar Road, Deccan Gymkhana, }
Pune-411 004. Through its authorised }
Representative, Ganesh Dnyanoba Pokale } Petitioner
Versus
1. Pune Municipal Corporation, }
A body constituted under the provisions }
of the Maharashtra Municipal Corporations }
Act, 1949, through its Municipal }
Commissioner, PMC Main Building, }
Shivajinagar, Pune-411 005. }
}
2. The Town Planning Officer, }
Pune Municipal Corporation, Shivajinagar, }
Pune-411 005 }
}
3. The State of Maharashtra, }
through the Principal Secretary, Urban }
Development Department, Mantralaya, }
Mumbai-400 032 } Respondents
Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.09.03
16:03:18 +0530
Mr. Sanjeev M. Gorwadkar, Senior Advocate i/b. Mr. Soham S.
Lande, for the Petitioner.
Mr. Abhijit P. Kulkarni with Mr. Abhishek Roy and Ms. Sweta
Shah for Respondent Nos. 1 & 2 (PMC).
Ms. Neha S. Bhide, Government Pleader with Mr. K. B. Dighe,
Additional Government Pleader and Ms. P. J. Gavhane, AGP for
Respondent No. 3 (State).
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912-WP.11271.2026.odt

CORAM : RAVINDRA V. GHUGE, ACJ. &
GAUTAM A. ANKHAD, J.
nd
DATE : 2 SEPTEMBER, 2026
ORAL JUDGMENT: (Per: Ravindra V. Ghuge, ACJ.)
1. Rule. Rule made returnable forthwith and heard finally with the
consent of the parties.
2. 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.;
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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.”
3. Since this Petition is being taken up for final hearing, by consent
of the parties, prayer clauses (c) and (d) are not being pressed.
4. 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.
5. 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.
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6. 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.
7. 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.
8. 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.
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9. 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.
10. Rule is made partly absolute in the above terms.
[GAUTAM A. ANKHAD, J.] [ACTING CHIEF JUSTICE]
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