Authority: High Court of Judicature at Bombay

Order Date: 11 September 2026

Case Overview

  • Petitioners: Bhaskar Namdev Thakur and Others (represented by counsel Vivek Salunke).
  • Respondents: Thane Municipal Corporation and Others (represented by counsel R.S. Apte et al., with the State appearing through AGP Smt. G.R. Raghuwanshi).
  • The dispute concerns a portion of land owned by the petitioners in Thane that the municipal corporation intends to use for constructing a Development Plan Road.
  • The municipal corporation offered compensation in the form of Transferable Development Rights (TDR) / Floor Space Index (FSI), citing lack of financial capacity for monetary payment.
  • Petitioners rejected the TDR/FSI offer and demanded monetary compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
  • The Court referred to the Full Bench judgment in Shree Vinayak Builders and Developers, Nagpur vs. State of Maharashtra (2022 (4) Mh.L.J. 739) which held that compensation by TDR/FSI cannot be forced unilaterally and must be accepted by the landowner.
  • Subsequent judgments cited include Purnima Talkies vs. Chief Officer, Dahanu Nagar Parishad (20.02.2025, Writ Petition No. 11543 of 2024) and Jyoti Baliram Thorat and Others vs. MMRDA (30.01.2026, Writ Petition (L) No. 19414 of 2024), reaffirming the same principle.
  • The Court emphasized the constitutional protection of property under Article 300A and the Supreme Court’s recognition of seven sub‑rights to property, particularly the right to fair compensation, as articulated in Kolkata Municipal Corporation and Anr. vs. Bimal Kumar Shah (2024 SCC 533).

Final Outcome

  • The Court directs the respondents to acquire the petitioners’ land under the 2013 Act, without any agreement on TDR/FSI, and to pay monetary compensation and other awardable benefits as prescribed by the Act.
  • The communication dated 14/01/2025 (Exhibit ‘G’) issued by Respondent No. 3 is quashed and set aside.
  • The respondents are ordered not to disturb the peaceful possession of the petitioners until monetary compensation is paid.
  • All acquisition and compensation steps must be completed within six months from the date of this order (i.e., by 11 March 2027).

Topics: Land Acquisition, Compensation, Municipal Infrastructure