Injustice behavior by Pimpri Municipality, Pune.

5 years ago

WRIT PETITION NO. 9195 of 2009 ( HIGH COURT, MUMBAI)
1) HC Order – a] PCMC allowed to construct 350 M lengthy Road (45 M.wide) only( page7)
b] Petitioners – Demolish constructions & handover their plots to PCMC
c] Pay compensation for Land & construction as decided.
3) Accordingly, PCMC & Land Acq. Officer issued notice to all, referring HC order & mention- ing that vacate & handover your plots which infects 45 M wide road.
4) We signed ‘Possession-Document (U/S17)-Land Acqu. Act of 1894’ prepared by Land Acq. Officer in which he mentioned ‘purpose of acquisition’ :- Acquisition for 45 M wide road as per sanctioned DP of PCMC(as per HC order).
5) PCMC paid us compensation as per HC order. But….
a) Paid Constr. amt. as per Ready-Rec.2013 & not by 2014, as it was ‘stay’ on it, but still it’s pending ??
(PCMC didn’t take permission while paying as per above)
b) Paid plot amt. for 2500 sq.ft. out of 3000 sq.ft., as 500 sq.ft. is given to Society Road(by notarised agreement only), so PCMC refused to pay. (but factually our portion from soc. road is now became a public road) Moreover, Sale deed is of 3000 sq.ft.
c) Paid all without considering quality of construction. All other constructions were of loadbearing while mine was RCC( proof Tax bill). So I also paid like others.

6) I accepted compensation under protest.
7) Before taking comp; I had requested PCMC Commissioner by letter(u/s53 of Land Aqu.act 1966) to measure & mark exact 45 M wide length to know our infected area, but ignoring our request they demolished constructions without measuring.(should ask to PCMC about measurement & sign. of petitioners on it.)
8) After completion of this road, we came to know that more than half portion of my plot is outside the area of said 45 M wide road.
9) So I sent letters to PCMC Comm. & Collector of Pune to get back my remaining plot, but again no feedback from PCMC, since Collector had ordered to PCMC officials to see the matter with imm. effect. (Under RTI we came to know).
10)When PCMC realised that I am demanding my remaining plot, they immdtly. Constructed a small road on it & try to close the matter. But under RTI, when we asked the sanctioned plan of this small road, they couldn’t provide it. Moreover due to flyover & grade separator, this small road is of no use. can shift it by side.
11)As per Zone Certificate of 2014 & 2017, all the proposed reservation works completed & still my plot looks vacant over there.
Another mistake by PCMC :-
1) Notice about ‘Unauthorized Construction’ was only for 1920 sq.ft.
2) While PCMC demolished my entire construction i.e.3055 sq.ft.
3) In this way they demolished 1135 sq.ft. excess construction.
4) In ‘Panchama’, they mentioned the reason of demolition as ‘Unauthorized Construction’
without referring HC order & subsequent notice. But, in HC order (page 3), it is said that treat these structures as ‘Authorised’. PCMC Notice & ‘Panchama’ differs.


Recently in Dec 2017, I had requested once again to get back my plot, for which I am ready to pay back compensation. Copies of which also sent to other respondents of WP 9195, amongst them, Urban Land Dev, Mantralaya & The Comm.of Pune, directed PCMC to consider the matter, but again no reply from PCMC.
Award declared on 10/04/2017, in which there are some points in our favour.
Other Points to consider :-
1) All the correspondence are related to 45 M wide road only. so this subject is only about 45 M wide road.
2) We were living in Reg.Society (Est.1981) since 1991, paying all taxes since inception.
3) Factually, only about 1000 sq.ft.used for this 45 M road. Remaining 2000 sq.ft. is out of that road but it is infected by DP of PCMC. Validity of this DP is expired in 2015. New DP is sent to Govt. for sanctioning, but still not published. In this DP like us, ¾ houses are still standing in spite of repeated notices by PCMC to vacate it. We have heard that while preparing new DP, these ¾ houses have been protected. I tried to get new DP but not succeeded.
4) Very imp. point is, in PCNTDA flyover plan & in google map, it looks very clearly that only about ¼ of my plot is used for 45 M road.
5) PCMC may say that this extra portion was in DP(Fining of road), but not a single notice issued by PCMC, mentioning, ‘Your plot is in DP’ or like that.
6) Factually there is no need of this Fining for many reasons.
7) As per law, PCMC has to pay us, 4 times of Ready-Rec., as this plot is used for BRTS.

My Expectations :-
a) Is it not ‘Contempt of Court’ by PCMC & Land Acq.Officer.
b) PCMC should return my remaining plot portion which is not used for resp. 45 M wide road.
c) I am ready to pay back the compensation.
d) Allot permission to construct the house, which PCMC demolished extra portion.
e) Can I get my plot on lease for 30 years ?
f) Validity of DP-1995 expired in 2015, then is it still applicable for us.

Regret to very lengthy description, but tried to expose all the points in mind & cleared all picture to get right direction.
Kindly consider the matter seriously as Petitioner, my mother, is 80 years widow, having Heart blockages, so early justice, before closing her eyes, would be real justice because we have already wasted 4 years in HC due to wrong directions.