[Cites 7, Cited by 0]
Bombay High Court
Pawan Rajaramrao Kadam vs The State Of Maharashtra And Ors on 3 December, 2025
931.6746.24-wp.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6746 OF 2024
Digitally Pawan Rajaramrao Kadam .. Petitioner
signed by
BASAVRAJ
BASAVRAJ GURAPPA
Vs.
GURAPPA PATIL
PATIL Date: The State of Maharashtra
2025.12.11
15:07:52
+0530
Through Department of Urban
Development & Ors. .. Respondents
WITH
WRIT PETITION NO.12870 OF 2025
Mandar Mahesh Vaidya .. Petitioner
Vs.
The State of Maharashtra
Through Department of Urban
Development & Ors. .. Respondents
WITH
WRIT PETITION (ST) NO.17210 OF 2024
Haresh Manohar Keni .. Petitioner
Vs.
The State of Maharashtra
Through Department of Urban
Development & Ors. .. Respondents
WITH
WRIT PETITION (ST) NO.31132 OF 2025
Anuj Mahendra Banthia & Ors. .. Petitioner
Vs.
The State of Maharashtra
Through Department of Urban
Development & Ors. .. Respondents
...
Dr. Milind Sathe, Senior Advocate with Mr. Chinmay Acharya,
Mr. Kevin Pereira i/b. Mr. Balkrishna G. Tangsali Advocates for
Petitioner in WP/6746/2024.
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Mr. Anil V.Anturkar, Senior Advocate a/w Mr. Yatin Malvankar
i/b. Mr. Vaibhav Thorave Advocates for Petitioner in
WPST/17210/2024.
Mr. Anil Y. Sakhare, Senior Advocate a/w Mr. A.L.Mirza for the
Petitioner in WPST/31132/2025
Mr.Mandar Limaye a/w Mr. A. L. Mirza for the Petitioner in
WP/12870/2025
Mr. Pravin Samdhani, Senior Advocate with Mr. Aqil Khan,
Mrs. Insha Shaikh, Ms. Sauda S. Nachan & Mr. Afsha Khan &
Ms. Fatima i/b. Judicare Law Associates, Advocates for
Respondent-M/s. Okay Developers Pvt Ltd. in WP/6746/2024
Mr. Bharat R. Zaveri, for Respondent No.7 in WP/6746/2024
Mr. Girish Godbole, Senior Advocate with Mr. Rahul Soman i/b.
Mr. Vijay Kumar Aggarwal, Advocates for Respondent-Credai
Banm-Raigad Welfare Association in WP/6746/2024
Mr. Ashutosh A. Kumbhakoni, Senior Advocate, Special Counsel
a/w Ms. Neha Bhide, Government Pleader, Ms. Shruti. D. Vyas,
Additional Government Pleader & Mr. Vaibhav Charalwar 'B' Panel
Counsel & Mrs. G. R. Raghuwanshi, Assistant Public Prosecutor
for Respondent - State
Mr.Sameer Patil for the Respondent -CIDCO in WP/6746/2024.
Mr.Soham Bhalerao a/w Mr.Harshit Tyagi i/b DSK Legal for
Respondent-CIDCO in WPST/31132/2025
Mr. Prasad S. Dani, Senior Advocate i/b. Mr. Sarang S. Aradhye
and Ms. Gauri Velankar, Advocates for Respondent - Panvel
Municipal Corporation
CORAM : SHREE CHANDRASHEKHAR, CJ &
GAUTAM A. ANKHAD, J.
DATE : 3rd DECEMBER 2025
P.C. :
Mr. Bharat R. Zaveri, the learned counsel for the respondent
no.7 in Writ Petition No.6746 of 2024 tendered the list of dates and
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events and made his submissions and relied on the judgment in "R.
Pushpam & Anr. v. The State of Madras represented by the Secretary,
Local Administration Department, Fort St George, Madras & Anr." 66.
L.W. 53.
2. Mr. Ashutosh A. Kumbhakoni, the learned senior counsel
argued on behalf of the State and contended that the impugned
amendment is a delegated piece of legislation and the Unified
Development Control and Promotion Regulations, 2034 (UDCPR
2034) are legislative in nature and not executive. He has argued that
it is solely at the option of the land owner whether to accept the TDR
or to opt for the compensation against acquisition of his land. In
support of his arguments, the learned senior counsel has tendered
the compilation of judgments which is taken on record. He mainly
relied on "Dental Council of India v. Biyani Shikshan Samiti & Anr."
(2022) 6 SCC 65, "Pune Municipal Corporation & Anr. v. Promoters &
Builders Association & Anr." (2004) 10 SCC 796, "Janhit Manch v.
State of Maharashtra" (2006) SCC Bom. 1145, "Amit Maru v. State of
Maharashtra" (2014) 4 Bom CR 568 and the full Bench judgment of
this Court in "Shree Vinayak Builders and Developers, Nagpur v.
State of Maharashtra & Ors." 2022(4) Mh.L.J. 739.
3. In response to the arguments raised by Mr. Anil V. Anturkar,
the learned senior counsel for the petitioner in Writ Petition (St)
No.17210 of 2024, Mr. Ashutosh A. Kumbhakoni, the learned senior
counsel has taken us to Section 22(m) and Section 2(9A) of the
Maharashtra Regional and Town Planning Act, 1966 and concluded
his submissions.
4. Mr. Pravin Samdhani, the learned senior counsel for the
Respondent-M/s. Okay Developers Pvt Ltd. in Writ Petition No.6746
of 2024 has tendered the written submissions along with
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compilation of documents, which are taken on record. Mr. Pravin
Samdhani, the learned senior counsel has commenced his
submissions.
5. Post these matters for further arguments on 10 th December
2025, high on Board.
[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]
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