Dp road acquisition

Querist : Anonymous (Querist) 21 February 2026 This query is : Resolved
Respected Experts,

I seek legal guidance regarding acquisition of my NA land having commercial potential in Nashik, Maharashtra.

The land is affected by a 45-meter Development Plan (DP) road. Recently, Nashik Municipal Corporation has issued a notice asking us to surrender the affected portion of land in exchange for TDR. No proposal for monetary compensation has been offered.

We have been informed orally that NMC does not have funds to pay cash compensation and that landowners must accept TDR only. No formal acquisition proceedings under Section 126 of the Maharashtra Regional and Town Planning Act, 1966 have been initiated so far.

Ready Reckoner rate of the land is approximately ₹31,000 per sq. meter, and the road widening is being expedited in view of Kumbh 2027.

My queries are:
1. Can the Municipal Corporation legally compel landowners to accept TDR instead of monetary compensation?
2. If landowners refuse TDR, is the authority bound to initiate compulsory acquisition under Section 126 MRTP Act read with RFCTLARR Act, 2013?
3. Can the authority take possession without completing acquisition proceedings and paying compensation?
4. If we approach the Bombay High Court seeking direction to initiate acquisition and pay compensation, are such writ petitions generally entertained at pre-acquisition stage?
5. Is lack of funds a legally valid ground to deny cash compensation?

We are willing to cooperate for public purpose but want lawful acquisition and fair compensation.

Kindly guide.

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Quick Summary

A landowner in Nashik is seeking legal guidance concerning the acquisition of their commercially viable land for a 45-meter Development Plan (DP) road. The Nashik Municipal Corporation has issued a notice to surrender the affected land in exchange for Transferable Development Rights (TDR), stating a lack of funds for cash compensation. The landowner is questioning the legality of being compelled to accept TDR, whether the authority must initiate formal acquisition proceedings if TDR is refused, and if possession can be taken without completing these procedures or providing compensation. They are also inquiring about the feasibility of approaching the Bombay High Court pre-acquisition and if a lack of funds is a valid reason to deny cash compensation, emphasizing a desire for lawful acquisition and fair compensation.

T. Kalaiselvan, Advocate (Expert) 22 February 2026
Law is common for all
Hence you remain calm by sending a reply notice demanding the appropriate compensation for acquisition and don't voluntarily surrender your property before that.

Dr. J C Vashista (Expert) 23 February 2026
File your objections to the notice for acquisition of the portion of your land falling in the scheme of widening road.

P. Venu (Expert) 04 March 2026
Yes, file your reply to the Notice, bringing on record, all the legal aspects.

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