Landowner Barred from Reclaiming Land Surrendered under Development Plan: Bombay High Court

The Bombay High Court held that a landowner who voluntarily surrendered land reserved for a public purpose under a sanctioned Development Plan cannot later reclaim it after enjoying planning benefits for decades.

The Court ruled that surrender of land free of cost in exchange for benefits such as waiver of compulsory open space requirements or grant of higher Floor Space Index amounts to valid acquisition by agreement under Section 126 of the Maharashtra Regional and Town Planning Act, 1966.

It observed that consideration under the Act need not be monetary, as FSI and development rights have clear economic value.

The Court dismissed the second appeal.

[Milan Cooperative Housing Society Ltd. v. Pune Municipal Corporation & Ors.]