Case Note & Summary
The dispute centers on the entitlement to additional amenity Transferable Development Rights (TDR) for a garden developed on land reserved for a public purpose. The Brihanmumbai Municipal Corporation (Corporation) and the landowner, a partnership firm and its partner, entered into arrangements under Section 126(1)(b) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The land, measuring 98,369.1 sq. mts. in Chembur, Mumbai, was reserved as a garden in the Development Plan notified in 1994. The landowner applied for TDR in lieu of surrendering the land free of cost. The Corporation issued a Letter of Intent (LOI) on 13.12.2001, stipulating that the landowner would develop the garden as per Corporation specifications, maintain it for 20 years, and not claim any amenity TDR towards the garden's development. A formal undertaking to this effect was executed on 10.01.2002. The garden was developed and a completion certificate was issued. Subsequently, a dispute arose when the Corporation, via communication dated 05.11.2019, apparently denied additional amenity TDR. The landowner challenged this communication before the Bombay High Court and sought a direction for grant of amenity TDR. The High Court, in its judgment dated 03.04.2024, allowed the writ petition, quashed the communication, and directed the grant of amenity TDR. The Corporation appealed to the Supreme Court, which granted leave. The appeal raises the core legal issue of whether the undertaking precludes the landowner from claiming amenity TDR. No final decision is recorded in the available excerpt; the Court's analysis and holding are not provided.
Headnote
A) Town Planning - Transferable Development Rights - Amenity TDR - Maharashtra Regional and Town Planning Act, 1966, Section 126 - The landowner developed a garden on reserved land and executed an undertaking not to claim amenity TDR; the High Court directed grant of amenity TDR; the Supreme Court is to determine the binding effect of the undertaking (Paras 4-8).
Issue of Consideration
Whether the High Court was correct in directing the Corporation to grant additional amenity TDR despite the landowner's undertaking not to claim amenity TDR?
Law Points
- Section 126 of MRTP Act provides for acquisition of land for public purposes by agreement
- grant of TDR
- or compulsory acquisition
- Landowner's undertaking not to claim amenity TDR is binding
- Additional amenity TDR may not be claimed if undertaking given.
