Case Note & Summary
The Petitioner, M/s Siddhi Real Estate Developers, is the owner of land admeasuring approximately 85,778 sq.mtrs. at village Dhokali, Thane. The Petitioner developed a residential project on the said property and also developed DP Roads on the land as required by the Development Control Regulations (DCR). The Petitioner paid for the development of these roads and sought Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) equivalent to the area of the DP Roads developed and paid for. The Respondents, State of Maharashtra and another, rejected the Petitioner's claim for TDR. The Petitioner filed a writ petition under Article 226 of the Constitution of India seeking a declaration that it is entitled to TDR and for quashing the rejection. The court examined the provisions of DCR 33(7) and 33(8) and found that the Petitioner had fulfilled all conditions for grant of TDR. The court held that the Petitioner is entitled to TDR equivalent to the area of DP Roads developed and paid for. The court quashed the rejection and directed the Respondents to grant TDR to the Petitioner within a specified period.
Headnote
A) Development Control Regulations - Transferable Development Rights - Entitlement to TDR for DP Roads - Development Control Regulations, 1991, Regulations 33(7) and 33(8) - The Petitioner developed and paid for DP Roads on its land and sought TDR. The Respondents rejected the claim. The court held that the Petitioner is entitled to TDR equivalent to the area of DP Roads developed and paid for, as per the DCR. The rejection was quashed. (Paras 1-39)
B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The Petitioner filed a writ petition seeking declaration and direction for grant of TDR. The court exercised its writ jurisdiction to quash the rejection and direct the Respondents to grant TDR. (Paras 1-39)
Issue of Consideration
Whether the Petitioner is entitled to Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) equivalent to the area of DP Roads developed and paid for by the Petitioner, and whether the rejection by the Respondents is valid.
Final Decision
The court allowed the writ petition, quashed the rejection by the Respondents, and directed the Respondents to grant TDR in the form of FSI to the Petitioner equivalent to the area of DP Roads developed and paid for by the Petitioner, within a specified period.
Law Points
- Transferable Development Rights
- Floor Space Index
- Development Control Regulations
- Article 226
- Entitlement to TDR for DP Roads
Case Details
2020 LawText (BOM) (07) 19
WRIT PETITION NO. 12285 OF 2015
S. J. KATHAWALLA, B. P. COLABAWALLA
Mr. P. K. Dhakephalkar, Senior Advocate a/w Mr. Pratik Kothari i/b Mr. Saurabh Oka, for the Petitioner. Mr. R. S. Apte, Senior Advocate i/b Mr. A. R. Pitale, for Respondent No.2. Mrs. S. D. Vyas, ‘B’ Panel Counsel for the State.
M/s Siddhi Real Estate Developers
State of Maharashtra and Another
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Nature of Litigation
Writ Petition under Article 226 seeking declaration and direction for grant of Transferable Development Rights (TDR) for development of DP Roads.
Remedy Sought
Declaration that Petitioner is entitled to TDR in form of FSI equivalent to area of DP Roads developed and paid for; quashing of rejection; direction to grant TDR.
Filing Reason
Respondents rejected Petitioner's claim for TDR for developing and paying for DP Roads on its land.
Issues
Whether the Petitioner is entitled to Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) equivalent to the area of DP Roads developed and paid for by the Petitioner?
Whether the rejection by the Respondents is valid and sustainable?
Submissions/Arguments
Petitioner argued that it developed and paid for DP Roads on its land and is entitled to TDR under DCR 33(7) and 33(8).
Respondents argued that the Petitioner is not entitled to TDR as per the applicable regulations.
Ratio Decidendi
The Petitioner, having developed and paid for DP Roads on its land, is entitled to Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) equivalent to the area of such roads, as per the Development Control Regulations, 1991. The rejection by the Respondents was without basis and is quashed.
Judgment Excerpts
This Petition has been filed under Article 226 of the Constitution of India seeking a declaration that the Petitioner is entitled to Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) equivalent to the area of the DP Roads developed and paid for respectively by the Petitioner.
It is the case of the Petitioner that it is the owner of and otherwise well and sufficiently entitled to several pieces and parcels of the land admeasuring in aggregate to approximately 85,778 sq.mtrs. or thereabouts situated at village Dhokali, Thane.
Procedural History
The Petitioner filed Writ Petition No. 12285 of 2015 before the High Court of Judicature at Bombay. The petition was reserved on January 09, 2020, and pronounced on July 03, 2020.
Acts & Sections
- Constitution of India: Article 226
- Development Control Regulations, 1991: 33(7), 33(8)
