Pune Municipal Corp.& Anr vs Kausarbag Coop.Hsng Soc.Ltd.& Anr

The Supreme Court upheld the High Court's decision granting Transferable Development Rights (TDR) to a housing society under the Maharashtra Regional and Town Planning Act, 1966, specifically referencing Development Control Regulation N-2.4. The Court found that the land in question, although shown as an existing garden in the development plan, was entitled to TDR as the society had not received compensation for the land acquired under the Land Acquisition Act, 1894. The Court ruled that the Government Order dated 03.02.2007, which sought to limit TDR entitlement post-award and possession, was contrary to the provisions of the MRTP Act and thus invalid.