Case Note & Summary
The petitioner, Krishna Gopal Palande, filed a writ petition seeking a direction against the Mira Bhayandar Municipal Corporation to grant Transferable Development Rights (TDR) or a Development Rights Certificate (DRC) in respect of an area admeasuring 5349 square meters. The petitioner claimed that on the instructions and directions of the respondent-Corporation, he constructed a separate parking lot building admeasuring 3873.87 square meters. The petitioner argued that as per the Development Control Regulations (DCR) of the Corporation, he was entitled to TDR/DRC for the land area surrendered and the construction carried out. The respondent-Corporation opposed the petition, contending that the petitioner had not complied with all the requirements and that the claim was not maintainable. The court examined the relevant provisions of the DCR, including DCR 33(9) and DCR 34, which deal with parking lots and transferable development rights. The court noted that the construction was for a public purpose and that the petitioner had acted on the instructions of the Corporation. The court held that the petitioner was entitled to TDR/DRC for the area admeasuring 5349 square meters. The court directed the respondent-Corporation to process the petitioner's application and grant the TDR/DRC within a period of eight weeks from the date of the judgment. The petition was allowed with no order as to costs.
Headnote
A) Municipal Law - Transferable Development Rights - Entitlement to TDR for Parking Lot Construction - Development Control Regulations, 1991, DCR 33(9) and DCR 34 - The petitioner constructed a separate parking lot building on municipal land as per the respondent's instructions. The court held that the petitioner is entitled to TDR/DRC for the area admeasuring 5349 square meters, as the construction was for a public purpose and in accordance with the DCR. The respondent was directed to process the application and grant TDR/DRC within a specified period. (Paras 1-21) B) Municipal Law - Development Rights Certificate - Obligation of Municipal Corporation - The court held that the respondent-Municipal Corporation cannot deny the petitioner's claim for TDR/DRC when the construction was carried out at its behest and for a public amenity. The Corporation is bound to issue the certificate as per the applicable regulations. (Paras 10-18)
Issue of Consideration
Whether the petitioner is entitled to Transferable Development Rights (TDR) or a Development Rights Certificate (DRC) in respect of an area admeasuring 5349 square meters for constructing a separate parking lot building on the instructions of the respondent-Municipal Corporation.
Final Decision
The petition is allowed. The respondent-Mira Bhayandar Municipal Corporation is directed to process the petitioner's application and grant Transferable Development Rights (TDR) or a Development Rights Certificate (DRC) in respect of an area admeasuring 5349 square meters within a period of eight weeks from the date of the judgment. No order as to costs.
Law Points
- Transferable Development Rights
- Development Rights Certificate
- Parking Lot Construction
- Development Control Regulations
- Entitlement to TDR
- Municipal Corporation's Obligation
