Land reservation for public purpose

Rajesh Gupta (Querist) 16 October 2024 This query is : Resolved
i have a plot which is under for public purpose i,e, Playground and park with the D.P road from 1974. I have put various objections u/s 127 of MRTP Act 1966 but so far nothing has been done.
In the meantime the new D.P, plan of 2034 of Greater control the malpractices & underground menace of goondas and resulting unauthorized structures came up all over the plot and is covered fully.
Now the BMC is saying that clean the garbage and then we will take and give compensation.
It has been 50 years that I with my father spent the entire youth and still doing so. And in the bargain my father passed away leaving everything as it is.
Pls advise what is to be done further.

I look forward your comments and oblige
thanks
RAJESH GUPTA

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Quick Summary

This discussion concerns a plot of land reserved for public use (playground/park) since 1974, with the owner facing ongoing issues and delays from authorities. Despite objections filed under the MRTP Act, the land has become encroached upon. The owner is seeking advice on how to proceed, especially regarding compensation and the BMC's response. The advice suggests using RTI to inquire about objections, exploring TDR compensation options under the new DP plan, and consulting an advocate for legal recourse as a DP plan does not automatically equate to land acquisition.

kavksatyanarayana (Expert) 17 October 2024
You shall put an application by registered post using RTI to the Commissioner of BMC asking him which action has been taken on your objections. In my view, as per the DP Plan 2034, the Brihanmumbai Municipal Corporation (BMC) incentivises landowners to develop or hand over reserved amenities by compensating them for transferable development rights (TDR). The TDR is calculated based on the area of the plot reserved for amenities.

T. Kalaiselvan, Advocate (Expert) 17 October 2024
You have been fighting with authorities without approaching court for relief.
Nothing stopped you from approaching court for reliefs,
You better consult your advocate and proceed legally to restore your property

P. Venu (Expert) 17 October 2024
DP plan is not synonymous with land acquisition for public purposes. The land holder has the discretion to seek the remedy if the DP plan is not given effect and implemented with the time frame specified.

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