In a recent court decision, the Bombay High Court decided that the Mumbai Metropolitan Region Development Authority (MMRDA) must pay landowners in cash instead of Transferable Development Rights (TDR). This decision comes after a long legal fight involving land taken for the Santacruz-Chembur Link Road project.
The case involves Jyoti Baliram Thorat and others, who inherited land in Kurla, Mumbai. Their land was taken by MMRDA for a road widening project. Initially, MMRDA offered to pay with TDR, which the petitioners challenged in court.
The petitioners argued that the payment should be in cash, as per the Mumbai Metropolitan Region Development Authority Act, 1974. They claimed that the authority did not follow the steps in the Act, which says they should try to agree on a cash payment first.
"Offering TDR instead of cash is unfair and not allowed," argued Ms. Neeta Karnik, the petitioners' senior lawyer.
The MMRDA, represented by Mr. G. S. Hegde, argued that the petition was late and that another solution through a tribunal was available. They claimed the petitioners had accepted TDR as payment.
The court, led by Justices Manish Pitale and Shreeram V. Shirsat, decided in favor of the petitioners. The court found that the payment should be in cash and that offering TDR was not allowed by the law.
"The payment in the form of TDR cannot be forced," the court stated.
The court referred to a previous judgment in Shree Vinayak Builders and Developers vs. State of Maharashtra, emphasizing that payment must be agreed upon and in cash unless something else is agreed.
The Bombay High Court canceled the previous decision and told MMRDA to figure out the cash payment within six months. This ruling highlights the importance of following legal procedures in land acquisition cases and ensures fair payment for landowners.
