JYOTI BALIRAM THORAT Vs. MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The question that arises for consideration in this petition is as to whether respondent No.3- competent authority constituted under the Mumbai Metropolitan Region Development Authority Act, 1974 (hereinafter referred to as the said Act), was justified in specifying compensation payable to the petitioners for acquisition of their land, by means of Transferrable Development Rights (hereinafter referred to as TDR), instead of monetary compensation. According to the petitioners, as per the provisions of the said Act, the compensation had to be in monetary terms and that too, firstly by exploring as to whether an agreement could be reached between the land owners and the State and only thereupon, by determination of monetary compensation, as per Sec. 33 to 35 of the said Act.

(2.) Before considering the rival submissions and the aforementioned question, it would be appropriate to briefly refer to the chronology of events.

(3.) The petitioners are the legal heirs of the joint land owners of land bearing CTS Nos.57, 57/1 to 57/10, CTS Road, Mouje Kurla-4, Taluka Kurla, Mumbai Suburban District. The respondent No.1- Mumbai Metropolitan Region Development Authority (hereinafter referred to as MMRDA) implemented road widening project for Santacruz-Chembur Link Road, for which purpose the subject land of the petitioners and their predecessors, was required.