Search Results for "Transferable Development Rights (TDR)"

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Bombay High Court Allows Petition Against 50% TDR Curtailment for Surrendered Land Under MRTP Act. Held that Development Control Regulations cannot override statutory entitlement under Section 126 of the MRTP Act, 1966.

The petitioners, M/s. Aswani Associates and Shri Sandeep Rasiklal Shah, filed a writ petition challenging an order dated 17 October 2017 passed by the...

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Bombay High Court Directs Municipal Corporation to Follow 2013 Act for Land Acquisition When Owner Refuses TDR. Land Reserved for Public Purpose Under MRTP Act Cannot Be Acquired by Compelling TDR; Authority Must Initiate Acquisition Under 2013 Act if Owner Refuses TDR.

The petitioner, a Public Charitable Trust, owned land bearing CTS No.216(pt) and CTS No.190 in Village Mandapeshwar, Borivali, Mumbai. The land was re...

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Bombay High Court Allows Developers' Challenge to PMC's Differential Development Charges Policy. Held that imposing higher development charges on properties within 100 meters of DP road while exempting others violates Article 14 of the Constitution.

The petitioners, a group of developers and a real estate association, challenged the policy of the Pune Municipal Corporation (PMC) that imposed highe...

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High Court of Karnataka Dismisses Petitions Seeking DRC in BBMP Land Acquisition Case — Petitioners Failed to Establish Entitlement to Development Rights Certificate Under KTCP Act, 1961.

The judgment pertains to a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India, seeking a direction to the responden...

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Bombay High Court Allows TDR Claim for Surrendered DP Road Land Despite No-Objection Condition. Transferable Development Rights cannot be denied merely because surrender was a condition of permission; entitlement arises from statutory scheme under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Nirmal Ujwal Credit Cooperative Society, challenged a communication dated 22.09.2014 from the Nagpur Municipal Corporation (Planning A...

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Bombay High Court Allows Developer's Writ Petition for TDR Against Construction of Development Plan Road. Municipal Corporation's Rejection of TDR Application Set Aside as Unreasonable and Contrary to Development Control Regulations.

The petitioner, M/s. Siddhi Real Estate Developers, a partnership firm, constructed a development plan road at its own cost within the limits of Thane...

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Bombay High Court Dismisses PIL Challenging TDR Loading and FSI Computation for Redevelopment Project. Court upholds MCGM's permission for TDR and fungible FSI, finding no illegality or public interest violation.

The petitioner, Nitesh Mohanlal Doshi, filed a Public Interest Litigation under Article 226 of the Constitution of India challenging the permission gr...

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Bombay High Court Dismisses Petition Challenging Sale of TDR by Public Trust Without Charity Commissioner's Permission. Transferable Development Rights (TDR) Held to be Movable Property, Not Requiring Permission Under Section 36(1)(c) of Bombay Public Trusts Act, 1950.

The petitioners, Sadoday Builders Private Ltd. and its director, filed a writ petition under Articles 226 and 227 of the Constitution of India challen...

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Bombay High Court Dismisses Municipal Corporation's Petition to Acquire Land by Offering FSI/TDR Without Owner's Consent. Corporation Cannot Unilaterally Substitute Monetary Compensation with Development Rights Under Bombay Provincial Municipal Corporation Act, 1949.

The petitioner, Bhiwandi Nizampur City Municipal Corporation, a municipal corporation established under the Bombay Provincial Municipal Corporation Ac...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Minister's Order Directing Grant of TDR in Lieu of Reservation. Landowners Entitled to Transferable Development Rights Under MRTP Act After Finalization of Town Planning Scheme.

The judgment involves two writ petitions: one by the Municipal Corporation of Greater Mumbai (Corporation) challenging the order of the Minister for U...