Summary: The Bombay High Court decided that the compensation offered to Jyoti Baliram Thorat and others by the Mumbai Metropolitan Region Development Authority (MMRDA) was unfair. The court ruled that money should be given as compensation instead of Transferrable Development Rights (TDR).
Jyoti Baliram Thorat and other people involved in the case were family members of landowners in Kurla, Mumbai. Their land was taken for the Santacruz-Chembur Link Road project. The MMRDA took control of the land on May 19, 2011.
The people involved in the case argued that they should receive money as compensation according to the Mumbai Metropolitan Region Development Authority Act, 1974. However, the authority decided to compensate with TDR instead.
"The compensation had to be in terms of money," argued the people involved in the case.
The court, led by Judges Manish Pitale and Shreeram V. Shirsat, found that the MMRDA's decision to offer TDR went against the rules. The judges emphasized that compensation should be money unless both sides agree to something else.
The court referred to Section 35 of the Act, which explains how compensation should be decided. The law says that compensation should be money, calculated based on the land's average monthly income.
The court mentioned a previous decision that confirmed TDR compensation needs both sides to agree and cannot be forced.
The MMRDA argued that the case was brought too late. However, the court noted that the delay didn't stop the people involved from seeking justice, especially when their rights were involved.
"There cannot be a time limit for doing what is right," the court stated, referencing the Supreme Court's view on rights.
The court canceled the earlier decision and communication from the MMRDA, directing them to figure out and pay money as compensation within six months.
