Supreme Court - Daily Orders
Yogesh Kumar vs The State Of Maharashtra Urban ... on 15 July, 2024
Author: Surya Kant
Bench: Surya Kant
ITEM NO.22 COURT NO.4 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).24907/2018
(Arising out of impugned final judgment and order dated 14-03-2018
in WP No. 3533/2017 passed by the High Court Of Judicature At
Bombay At Aurangabad)
YOGESH KUMAR Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA URBAN DEVELOPMENT
MANTRALAYA THRU THE SECRETARY & ORS. Respondent(s)
(IA No. 118758/2018 - EXEMPTION FROM FILING O.T., IA No.145294/2024
- EXEMPTION FROM FILING O.T., IA No. 62549/2022 - EXEMPTION FROM
FILING O.T., IA No. 62538/2022 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES, IA No. 145291/2024 - PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 15-07-2024 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Mr. Devdatta Palodkar, Adv.
Mr. Shashibhushan P. Adgaonkar, AOR
Mrs. Pradnya S Adgaonkar, Adv.
Ms. Drishti Narbar, Adv.
For Respondent(s) Mr. Sachin Patil, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Preet S. Phanse, Adv.
Mr. Adarsh Dubey, Adv.
Mr. Geo Joseph, Adv.
Mr. Risvi Muhammed, Adv.
Mr. Durgesh Gupta, Adv.
Mr. Uday B. Dube, AOR
Signature Not Verified
UPON hearing the counsel the Court made the following
Digitally signed by
ARJUN BISHT
Date: 2024.07.16
O R D E R
17:46:24 IST Reason:
1. After hearing learned counsel for the parties for some time and after going through the record, it seems to us that the Senior 1 Functionaries of the Municipal Corporation and some Government Officials are colluding with the writ petitioner with their all out efforts for the release of the subjecet-land, which is earmarked for public park in a residential colony. The plea taken is that the Corporation does not have sufficient funds to pay compensation for that land, as directed by the High Court and that Transferable Development Rights can be given in lieu thereof.
2. It goes without saying that TDR can be utilized by the petitioner only if he can develop some other land within the municipal area and/or, he can sell it in the open market to other builders/developers. The second option is purely speculative. The petitioner may or may not get a willing buyer of TDR and that too for an amount which would sufficiently compensate him towards market value of the subject-land.
3. With a view to give one opportunity to the State of Maharashtra and Municipal Corporation, Aurangabad to re-visit the issue and take a remedial measure, we direct the Chief Secretary, State of Maharashtra to convene a meeting and take an appropriate decision.
4. Post the matter on for hearing on 09.09.2024.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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