Case Note & Summary
The petitioner, M/s. Cosmos Realtors Joint Venture, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the denial of Transferable Development Rights (TDR) by the Thane Municipal Corporation. The petitioner had developed an amenity space on a plot reserved for a public purpose and surrendered it to the Corporation. The Corporation refused to grant TDR in the form of Floor Space Index (FSI) credit under Clause 6 of Appendix 'W' of the Development Regulations of Thane Municipal Corporation. The short question was whether the petitioner was entitled to TDR for developing the amenity space. The court examined Clauses 5, 6, and 7 of Appendix 'W'. Clause 5 provides that the built-up area for FSI credit in the form of Development Rights Certificate (DRC) shall be equal to the gross area of the reserved plot surrendered. Clause 6 states that when an owner or lessee also develops or constructs the amenity on the surrendered plot at his cost and hands it over free of cost to the Commissioner, he may be granted a further DR in the form of FSI equivalent to the area of construction/development done by him. Clause 7 provides that a DRC will be issued only on satisfactory completion. The court held that the petitioner, having developed the amenity and surrendered it, is entitled to TDR under Clause 6, subject to compliance with conditions prescribed by the Commissioner. The petition was allowed, and the Corporation was directed to process the TDR claim in accordance with law.
Headnote
A) Municipal Law - Transferable Development Rights - Entitlement to TDR for Amenity Development - Clause 6 of Appendix 'W' of Thane Municipal Corporation Development Regulations - The petitioner, a joint venture, developed an amenity space on a surrendered plot and sought TDR credit. The court examined whether the petitioner was entitled to TDR under Clause 6, which grants additional Development Rights (DR) in the form of FSI equivalent to the area of construction/development done by the owner or lessee who develops the amenity at his cost and hands it over free of cost to the Commissioner. Held that the petitioner is entitled to TDR as per Clause 6, subject to compliance with conditions prescribed by the Commissioner (Paras 2-6).
Issue of Consideration
Whether the petitioner is entitled to Transferable Development Rights (TDR) in the form of Floor Space Index for development of Amenity Space under Clause 6 of Appendix 'W' of the Development Regulation of Thane Municipal Corporation.
Final Decision
The petition is allowed. Rule is made absolute. The Thane Municipal Corporation is directed to consider the petitioner's claim for Transferable Development Rights (TDR) in accordance with Clause 6 of Appendix 'W' of the Development Regulations and process it expeditiously.
Law Points
- Transferable Development Rights
- Floor Space Index
- Amenity Space
- Development Regulations
- Appendix 'W'
- Clause 6
- Thane Municipal Corporation
