Search Results for "Transferable Development Right"

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Search Results for "Transferable Development Right"

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High Court

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.

10 Aug 2010

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

High Court

Bombay High Court Allows Petition for Additional Amenity TDR in Garden Reservation Case — Municipal Corporation Cannot Deny TDR for Land Reserved for Garden on Grounds of Non-Construction of Road. Held that once land is reserved for a garden and developed as such, the owner is entitled to additional amenity TDR under DCR 33(9) read with Section 126 of the MRTP Act, 1966, irrespective of whether a road is constructed.

3 Apr 2024

The petitioners, Vijay Nagar Apartments (a partnership firm) and its partner Dhaval Ajmera, owned approximately 98,369.1 square meters of land in Vill...

High Court

Bombay High Court Dismisses Petition Challenging Validity of Clause 10(a) of Appendix III under DCR 33(7) for Redevelopment of Cessed Properties. The Court held that the requirement of 70% consent of occupants is a reasonable restriction and not violative of fundamental rights under Articles 14, 19(1)(g) and 300A of the Constitution.

20 Mar 2013

The petitioners, M/s. J. Gala Enterprises and its partner, purchased a property in 1992 comprising cessed and non-cessed structures with about 220 fam...

High Court

Bombay High Court Allows Petitions Challenging Unilateral Modification of Development Control Regulations by State. Held that DCRs are statutory and cannot be altered without following due process under the Maharashtra Regional and Town Planning Act, 1966.

6 Feb 2015

The judgment concerns two writ petitions filed by D B Realty Limited and Salim Balwa (WP No.366 of 2014) and Savita Homemakers LLP and Akkshay Jain (W...

High Court

Bombay High Court Allows Petition Challenging Municipal Corporation's Refusal to Grant Development Rights Certificate (DRC) and Upholds Validity of Government Resolution Clause Requiring Surrender of Land Free of Encumbrances. The Court held that the condition in Clause 3.0(vi) of Appendix-B to the Government Resolution dated 29th January 2016 requiring surrender of land free of all encumbrances is valid and not ultra vires, but the impugned communication dated 8th October 2018 rejecting the petitioner's claim for DRC was set aside as it did not consider the petitioner's representation.

12 Apr 2023

The petitioner, a partnership firm, had its land acquired by the Mira Bhayander Municipal Corporation (Respondent No.1) for public purposes. In lieu o...

High Court

Bombay High Court Allows Transfer of MIDC Plot to Auction Purchaser in Winding Up Proceedings — Official Liquidator's Sale Confirmed Despite MIDC's Objection. Court holds that MIDC cannot refuse transfer of property sold by Official Liquidator in company winding up, as the sale is conducted under court supervision and the purchaser steps into the shoes of the company.

21 Aug 2020

The applicant, M/s. Metal Tubes and Rolling Mills, filed a Company Application seeking directions against the Regional Officer, MIDC (Respondent No.2)...

High Court

Bombay High Court Quashes Development Charges Demand on Nazul Land for TDR-Based Construction — No Legal Basis for Levy Under Maharashtra Land Revenue Code or Nagpur Land Rules. The court held that the Nazul Tahsildar cannot demand development charges for NOC to sell flats constructed using TDR on nazul land as there is no statutory provision authorizing such levy.

1 Feb 2023

The petitioner, Sunil Thapar, owner of nazul Plot No.94 in Ramdaspeth, Nagpur, entered into a development agreement with M/s Raghav Life Spaces on 22 ...

High Court

Bombay High Court Allows Release of Land from Reservation for Primary School Under Section 127 of MRTP Act, 1966 — Landowner's Withdrawal of Consent for TDR Valid Due to Acquiring Body's Delay. The court held that the land reserved for a primary school stood released from reservation as the acquiring body failed to acquire the land within the statutory period, and the landowner's withdrawal of consent for TDR was valid due to the acquiring body's delay.

17 Apr 2024

The petitioners, owners of land bearing Gut No. 114 in Village Pimprala, Jalgaon, within the municipal limits of Jalgaon Municipal Corporation, sought...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Slum Rehabilitation Authority's Refusal to Register Proposed Cooperative Housing Societies as Developers under DCR 33(5). The court held that a proposed society cannot claim developer status without registration and approved scheme, and the SRA's refusal is not subject to writ jurisdiction.

30 Nov -0001

The petitioners, Adarsh Estate Sahakari Griha Nirman Sanstha Maryadit (Proposed) and Saidham Sahakari Griha Nirman Sanstha Maryadit (Proposed), filed ...

High Court

High Court Directs BBMP to Consider Apartment Owners' Complaint Against Building Licence Granted Over Common Amenity Area. Undivided Share in Entire Property Conveyed by Sale Deeds Includes Land Reserved for RWHU and STP; Builder Cannot Unilaterally Alter Approved Plan.

25 Apr 2025

The petitioner, Keerthi Harmony Apartment Owners Association, challenged a building licence granted by the Bruhat Bengaluru Mahanagara Palike (BBMP) i...

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