1 w6276.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6276 OF 2010 Mira Co-op. Housing Society Ltd. .. Petitioner. Vs. The Pune Municipal Corporation and Ors. .. Respondents. Mr.P.K.Dhakepalkar, Sr.Advocate i/b Sangramsinh Yadav for the petitioner. Mr.A.B.Vagyani AGP for respondent nos.4 to 7. Mr.A.P.Kulkarni for respondent nos.1 to 3. CORAM: D.K. DESHMUKH & R.G.KETKAR, JJ DATED : 8TH JUNE 2011 P.C.: 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. By this petition, the petitioner challenges the communication dated 9.1.2009 by which his request for grant of TDR in lieu of the land which was acquired from him is rejected. We have heard learned counsel for both the sides. 3. It is clear that in the order impugned dated 9.1.2009 though the request of the petitioner for grant of TDR has been rejected neither any provision of law under which it is done is indicated nor are there any 2 w6276.10 detail reasons given. In our opinion, considering the facts and circumstances of the case, therefore, the following order will meet the ends of justice: The order dated 9.1.2009 is set aside. The City Engineer shall decide the application of the petitioner for grant of TDR afresh by the reasoned order after giving an opportunity to the petitioner of being heard as expeditiously as possible and in any case within a period of six weeks from today. The petitioner shall be at liberty to make written submissions before the City Engineer. If the petitioner choose to do so the petitioner shall do so within two weeks from today. All remedies available to the petitioner against the order of City Engineer are kept open. All contentions available to both sides are also kept open. Rule is made absolute in the aforesaid terms. (R.G.KETKAR, J.) (D.K.DESHMUKH,J)