Hill Road C-D Cooperative Housing Society Ltd vs Brihanmumbai Mahanagar Palika & Ors

Leave granted.

This appeal takes exception to the judgment and order dated 18.10.2019 in Writ Petition No.2075 of 2019 passed by the High Court of Judicature at Bombay, whereby the writ petition filed by the appellant-Society assailing the notice issued under Section 299 of the Mumbai Municipal Corporation Act, 1888 (for short, 'the Act') dated 12.11.2018 came to be dismissed.

Before this Court, the only ground urged by the appellant is that if action under Section 299 of the Act is proceeded with, the Corporation will be obliged to pay compensation to the appellant in terms of Section 301 of the Act including or read with Sections 125 and 126 of the Maharashtra Regional and Town Planning Act, 1966 as the Corporation is relying upon the Town Planning Scheme under the latter enactment for justifying its impugned notice. In that sense, the limited issue is the extent of compensation payable by the Corporation in respect of the property covered under the impugned notice dated 12.11.2018. This ground, according to the appellant, was urged before the High Court but has remained undecided.

Counsel for the Corporation, on the other hand, submits that the appellant would be compensated by providing Transfer of Development Rights (TDR) in terms of Regulation 16 of the Development Control and Promotion Regulations-2034.

The counsel for the appellant, however, submits that the stated regulation cannot supersede the mandate of statutory provisions such as Section 301 of the Act.

We deem it appropriate to relegate the parties before the High Court for considering the aforementioned plea raised by the appellant so that appropriate direction can be issued by the High Court, before action under Section 299 of the Act proceeds against the appellant.

Accordingly, we remand the writ petition to the High Court to consider the singular issue regarding the mode and manner of granting compensation to the appellant-Society in lieu of taking possession of the subject property in terms of the impugned notice dated 12.11.2018.

Considering the fact that the project of public road widening is likely to be affected, we request the High Court to dispose of the writ petition expeditiously, if possible.

The appeal and pending application(s) are accordingly disposed of.