Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

Mumbai Developer Not Entitled to Additional TDR if Amenity Not Developed: Supreme Court

07 May 2024 8:19 AM

By: Admin


Subject: Appeal against Bombay High Court's decision to reject the appellants' claim for additional Transferable Development Rights (TDR) for the development of amenity, after surrendering land to the Municipal Corporation of Greater Mumbai

On 8 May 2023, in a case titled GODREJ AND BOYCE MANUFACTURING  COMPANY LIMITED Vs MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS, Supreme Court has upheld the Bombay High Court's finding that a developer is not entitled to additional Transferable Development Rights (TDR) if the developer has not developed the amenity as required by law. The case involved a dispute over the grant of additional TDR for a recreation ground in Mumbai.

The developer, appellant No.1, had surrendered land to the Municipal Corporation and sought TDR for the same. The Corporation granted the TDR and also allowed the developer to develop a recreation ground (RG) on a portion of the surrendered land. However, the Corporation denied the developer's request for additional TDR for the RG, stating that the developer had failed to develop the amenity as required by law.

The developer contended that it had developed the RG as required by law and was entitled to additional TDR. The developer argued that the RG, which was once a barren land, had become what it is today due to its activities. However, the Bombay High Court held that the developer had not developed the amenity as required by law and therefore was not entitled to additional TDR.

The developer appealed to the Supreme Court, which upheld the High Court's finding. The Supreme Court held that all activities undertaken by the developer through their architects till the handing over of possession of the land were not towards the development of amenity and for the grant of additional TDR. The Court further held that the developer became bound by the condition laid down by the Corporation that the developer would not be entitled to additional TDR.

The Court also observed that if the developer's activities up to the date of handing over possession constituted development of amenity, there was no necessity for the developer to give Power of Attorney to another developer to undertake the activity of development of amenity and to seek additional TDR. The Court held that the High Court was right in recording a finding of fact that the developer did not develop the amenity so as to be entitled to additional TDR.

8 May 2023,

GODREJ AND BOYCE MANUFACTURING  COMPANY LIMITED Vs MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/05/08-May-2023-GODREJ-AND-BOYCE-Vs-MCD-Mumbai.pdf"]

Latest Legal News