Case Note & Summary
The petitioners, Novartis India Limited, Oberoi Realty Limited, and Shri Vikas Oberoi, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ of mandamus directing the Municipal Corporation of Greater Mumbai (MCGM) and the Municipal Commissioner to issue additional Development Rights Certificates (DRCs) under Appendix VII(6) of the Development Control Regulations for the balance 75% of the area of an amenity/Development Plan road constructed and taken over by the MCGM. The petitioners had constructed the road on their land, and the MCGM had taken over the road. The MCGM had issued DRCs for only 25% of the area, but the petitioners claimed entitlement to DRCs for the entire area based on the Supreme Court judgment in Godrej and Boyce Manufacturing Company Limited vs. State of Maharashtra (2009) 5 SCC 24. The court noted that there was no serious dispute on facts: the petitioners were owners of the land, they constructed the road, and the MCGM took it over. The court held that once the road is constructed and taken over, the petitioners are entitled to DRCs for the entire area as per the regulations. The court allowed the petition and directed the respondents to issue additional DRCs for 19,463.40 sq.mts to the petitioners.
Headnote
A) Municipal Law - Development Rights - Additional DRCs - Development Control Regulations, Appendix VII(6) - Petitioners constructed an amenity road and 25% DRCs were issued; dispute over balance 75% - Court held that once the road is constructed and taken over, the petitioners are entitled to DRCs for the entire area as per regulations - Mandamus issued to MCGM to issue additional DRCs for 19,463.40 sq.mts (Paras 2-3).
Issue of Consideration
Whether the petitioners are entitled to additional Development Rights Certificates (DRCs) under Appendix VII(6) of the Development Control Regulations for the balance 75% of the area of the amenity/Development Plan road constructed and taken over by the Municipal Corporation of Greater Mumbai.
Final Decision
The petition is allowed. The respondents are directed to issue to the petitioners additional DRCs under Appendix VII(6) to the extent of 19,463.40 sq.mts for the balance 75% of the area of the amenity/Development Plan road constructed and taken over by the 1st respondent as per their application dated 29th June 2009.
Law Points
- Development Control Regulations
- Additional DRCs
- Amenity Road
- Mandamus
- Article 226
Case Details
2014 LawText (BOM) (07) 114
WRIT PETITION NO. 420 OF 2011
Anoop V. Mohta, A.A. Sayed
Aspi Chinoy, P.K. Samdani, Birendra Saraf, A. Y. Sakhare, Shobha Ajitkumar, A.B. Ketkar
Novartis India Limited, Oberoi Realty Limited, Shri Vikas Oberoi
Municipal Corporation of Greater Mumbai, Municipal Commissioner
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Nature of Litigation
Writ petition seeking mandamus for issuance of additional Development Rights Certificates (DRCs) for balance area of amenity road constructed and taken over by municipal corporation.
Remedy Sought
Petitioners sought a writ of mandamus directing respondents to issue additional DRCs under Appendix VII(6) for 19,463.40 sq.mts.
Filing Reason
Respondents issued DRCs for only 25% of the area of the amenity road constructed by petitioners, whereas petitioners claimed entitlement to DRCs for the entire area.
Previous Decisions
Supreme Court judgment in Godrej and Boyce Manufacturing Company Limited vs. State of Maharashtra (2009) 5 SCC 24 was relied upon by petitioners.
Issues
Whether the petitioners are entitled to additional DRCs for the balance 75% area of the amenity road constructed and taken over by the MCGM.
Submissions/Arguments
Petitioners argued that once the road is constructed and taken over, they are entitled to DRCs for the entire area as per Appendix VII(6) of the Development Control Regulations.
Respondents did not seriously dispute the facts but had only issued DRCs for 25% of the area.
Ratio Decidendi
Once an amenity road is constructed by a landowner and taken over by the municipal corporation, the landowner is entitled to Development Rights Certificates (DRCs) for the entire area of the road as per the Development Control Regulations, and the municipal corporation cannot restrict issuance to only a part of the area.
Judgment Excerpts
The Petitioners, in view of Supreme judgment in Godrej and Boyce Manufacturing Company Limited vs. State of Maharashtra and ors, dated 6.2.2009 have filed the present Petition on 18 February 2011 and prayed as under :
There is no serious dispute with regard to the following facts : Petitioner No. 1 (Novartis India Ltd) was the owner of large lands bearing CTS No. 95/4A of Village Dindoshi and
Procedural History
The petitioners filed the writ petition on 18 February 2011 before the Bombay High Court under Article 226 of the Constitution of India, seeking a writ of mandamus for issuance of additional DRCs. The petition was heard finally by consent of parties on 10 July 2014.
Acts & Sections
- Constitution of India: Article 226
