Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)

Order Date: 16 September 2026 (Reserved on 3 September 2026)

Case Overview

  • Petitioner: Mr. Jayant Maniklal Lunawat, residing at 1206/B-22, Shivaji Nagar, Pune.
  • Respondents:

1. Pune Municipal Corporation (PMC) – Statutory corporation under the Bombay Provisional Municipal Corporation Act.

2. The Municipal Commissioner, PMC.

3. The City Engineer, PMC.

4. Central Railways.

5. Irrigation Department, Government of Maharashtra.

6. Maharashtra Krishna Valley Development Corporation.

  • Subject Matter: Cancellation of 11 Development Rights Certificates (DRCs) amounting to 3,690.01 sq m that were originally issued to the petitioner as compensation for surrendering land (Survey No. 6A/1, Bopodi, Pune) for a Sewage Treatment Plant (STP).
  • Chronology:
  • 16 Sept 2000 – Measurement of the subject plot.
  • 17 Oct 2000 – PMC issued two possession receipts for 13,117 sq m and 220 sq m (total 13,337 sq m).
  • 16 Nov 2000 – PMC issued 27 DRCs (serial numbers 2667‑2693) covering 13,117 sq m.
  • 8 July 2005 – Municipal Commissioner ordered cancellation of 11 DRCs (total 3,690.01 sq m).
  • 9 Dec 2005 – City Engineer communicated the cancellation.
  • 1 Aug 2023 – Bombay High Court quashed the cancellation order.
  • 22 Nov 2024 – Supreme Court appointed a Court Commissioner for fresh measurement.
  • 17 Jan 2025 – Court Commissioner submitted report stating PMC had utilized 9,948 sq m of the land.
  • 17 Feb 2025 – Supreme Court remanded the matter back to the High Court, noting disputes with Railways and Irrigation Department.
  • Subsequent hearings led to inclusion of Central Railways and Maharashtra Krishna Valley Development Corporation as parties; both denied any claim over the land.

Final Outcome

  • The writ petition is allowed.
  • The 11 DRCs (numbers 2667, 2676, 2677, 2680, 2686, 2687, 2688, 2689, 2691, 2692, 2693) issued by PMC are restored; the impugned order dated 8 July 2005 and the communication dated 9 Dec 2005 are quashed and set aside.
  • The restored DRCs may be utilised within one year from today pursuant to clause 8(a) of the notification dated 28 Jan 2016 and its addendum dated 2 Feb 2016, i.e., under the regulatory regime that prevailed in 2005.
  • The petitioner is permitted to apply for DRCs covering the remaining 220 sq m. The application must be filed within eight weeks of this order, and PMC must decide the application within a further eight weeks.
  • No costs are awarded. The Court expressly does not adjudicate the dispute concerning the corporation’s expenditure on the compound wall; those issues remain open.

Topics: Legal Remedy, Development Rights Certificates, Land Acquisition