PUNE MUNICIPAL CORP. vs KAUSARBAG COOP.HSNG SOC.LTD.

The Supreme Court ruled that the Pune Municipal Corporation's rejection of the Kausarbags Cooperative Housing Society's claim for Transferable Development Rights (TDR) under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) was unjustified. The Court emphasized that the land, although shown as an existing garden in the development plan, was entitled to TDR as the society had not received compensation for the acquisition. The Court upheld the High Court's decision, affirming that the relevant Development Control Regulations (DCR) did not differentiate between land reserved in a development plan and that shown in the society's layout plan, thus entitling the society to TDR.