A Mumbai court has ruled in favour of Our Lady of Immaculate Conception Church in Borivali West, safeguarding a 1,309 square metre plot earmarked for a public park adjacent to Mandapeshwar Caves. The Brihanmumbai Municipal Corporation (BMC) sought the land using Transferable Development Rights (TDR), but the church, a registered charity, insisted on fair monetary compensation instead. Justices Girish Kulkarni and Arun Pednekar supported the church's stance, emphasising that TDR can only be offered with landowner consent under the Maharashtra Regional Town Planning Act. This verdict sets a precedent for land acquisition disputes, stressing the need for fair compensation and respecting landowners' rights amid urban development challenges.
A Mumbai court has ruled in favour of Our Lady of Immaculate Conception Church in Borivali West, protecting a 1,309 square metre plot of land earmarked for a public park. The land is located next to the historic Mandapeshwar Caves.
The dispute began when the Brihanmumbai Municipal Corporation (BMC) approached the church, seeking the plot for developing a public garden. The church, while willing to contribute the land for the public good, disagreed with the BMC's offer of Transferable Development Rights (TDR) as compensation.
TDR is a mechanism that allows developers to increase the floor space index (FSI) of a construction project on a different plot by purchasing development rights from another landowner. However, as a registered charity, the church argued that TDR held no value for them. They insisted on fair monetary compensation for the surrendered land.
Justices Girish Kulkarni and Arun Pednekar, presiding over the case, sided with the church. They clarified that the Maharashtra Regional Town Planning Act (MRTP Act) permits offering TDR or FSI only with the landowner's consent. Since no agreement existed between the church and the BMC, the court directed the civic body to follow the land acquisition process outlined in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act). This act ensures fair compensation to landowners whose property, exceeding 500 square metres in urban areas, is acquired for public purposes.
This verdict sets a significant precedent for similar land acquisition disputes in Mumbai and other Indian cities. It emphasises the importance of obtaining landowner consent before offering TDR as compensation. Additionally, it reinforces the rights of institutions like churches, which may not benefit from development rights.
The ruling also highlights the ongoing challenge of securing green spaces in Mumbai, a city with a population exceeding 20 million people. While the BMC's goal of creating a public park is understandable, it needs to find solutions that respect the rights of landowners and ensure fair compensation.
The court has restrained the BMC from taking possession of the church land until the land acquisition process under the 2013 Act is complete. This process typically involves negotiations with the landowner, social impact assessments, and determining fair compensation. It remains to be seen if the BMC and the church can reach an amicable agreement or if the matter progresses through the formal acquisition process.
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