The Maharashtra forest department has rejected Thane Municipal Commissioner Saurabh Rao's claim that the ongoing INR 2,800 crore Transferable Development Rights (TDR) dispute was caused by the department's failure to challenge a Bombay High Court order before the Supreme Court within the prescribed time. 
Senior forest department officials said the proposal seeking permission to file a Special Leave Petition (SLP) against the high court order remained pending with the state Law and Judiciary Department for nearly two months. They added that the department has now initiated the process of filing the petition before the Supreme Court on its own responsibility after the required approval was delayed. 
The issue came under discussion during the recent Thane Municipal Corporation (TMC) general body meeting, where corporators questioned the civic body's decision to grant TDR to D Dahyabhai and Co Pvt Ltd for land that the forest department claims belongs to it. 
Commissioner Rao denied any wrongdoing by the civic administration and maintained that the forest department had not approached the Supreme Court within the stipulated period. He also stated that he was willing to make the communication exchanged on the matter public to support his stand. 
Forest department officials, however, disagreed with the commissioner's version and said the dispute originated from the civic body's decision to issue a Development Rights Certificate (DRC) even though litigation over the ownership of the land was still pending. 
According to a senior forest department official, D Dahyabhai and Co Pvt Ltd was not in possession of the forest land when the Thane Municipal Corporation began the process of issuing the DRC in June 2019. The official said this was a serious issue and added that after the civic body submitted consent terms related to the DRC and TDR, the Bombay High Court directed in 2022 that 50 per cent of the TDR be granted. The department also said it would soon issue an official statement placing all facts related to the matter on record. 
The official further said that after the government's legal counsel concluded that the case was suitable for an appeal before the Supreme Court, the forest department submitted a proposal seeking permission to challenge the high court order. However, both the proposal and the draft petition remained pending with the Law and Judiciary Department for nearly two months. 
The department later received communication during the past month stating that the matter was not considered fit for challenge through the government and that the forest department should take an independent decision on filing the petition. Following this, the department initiated the process on its own responsibility and completed the drafting of the petition during the past week. 
The dispute is linked to a nearly five-decade-old ownership battle between the Maharashtra forest department and D Dahyabhai and Co Pvt Ltd over approximately 193 acres of land at Chitalsar Pada-Manpada in Thane. 
The land was acquired from the company in 1975 under the Maharashtra Private Forests (Acquisition) Act. The forest department has consistently maintained that the land forms part of the eco-sensitive zone of the Sanjay Gandhi National Park and should remain protected. 
Following years of litigation, the Bombay High Court earlier this year dismissed the forest department's petition and directed the Thane Municipal Corporation to issue TDR worth around INR 2,800 crore to the company for nearly 100 acres of land retained under public park reservation. 
The civic body subsequently challenged the order before the Supreme Court. However, the apex court later disposed of TMC's petition after the corporation informed the court that it had reached a settlement with D Dahyabhai and Co Pvt Ltd. 
The matter has drawn political attention in Thane due to the high value of the land and differences that have emerged within the ruling alliance over the issue. Deputy Chief Minister Eknath Shinde, who has significant political influence in the district, has faced public differences from some local BJP leaders on civic decisions. State Forest Minister Ganesh Naik has also publicly expressed disagreements with Shinde on several matters. Sources indicated that the value of the land parcel has further intensified political interest in the dispute. 
Source PTI