Search Results for "Transferable Development Right"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Transferable Development Right"

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High Court

Bombay High Court Delivers Judgment on Challenge to DCR 33(7) Surplus Area Surrender for Cessed Building Rehabilitation. Petitioners Contended Compulsory Acquisition Without Adequate Compensation.

7 May 2015

The group of writ petitions before the Bombay High Court challenged the constitutional validity of clause 4 of Appendix III to Regulation 33(7) of the...

High Court

Bombay High Court Holds Land Owner's Consent Essential for Mode of Acquisition Under Section 126(1) MRTP Act — TDR Grant Requires Agreement, Not Unilateral Authority Action. The Court ruled that the option between monetary compensation and TDR under Section 126(1) of the Maharashtra Regional and Town Planning Act, 1966 is not solely with the acquiring authority but requires the consent of the land owner.

25 Jul 2022

This judgment arises from a reference made by a Division Bench of the Bombay High Court at Nagpur, which disagreed with the view taken in Asha Sunil Z...

High Court

Bombay High Court Allows Declaration of Lapsed Reservation Under Section 127 of MRTP Act for Failure to Acquire Land Within Statutory Period. Purchase Notice Served Under Section 127(1) of Maharashtra Regional and Town Planning Act, 1966 Not Followed by Acquisition Within Two Years, Resulting in Deemed Lapsing of Reservation.

27 Jan 2022

The petitioner, Shree Vinayak Builders & Developers, owned land admeasuring 6377.12 Sq.Mts. in Nagpur, which was reserved for a 24-meter wide DP Road ...

High Court

Bombay High Court Dismisses Challenge to Letter of Intent for Cluster Redevelopment Under DCR 33(9) — No Violation of Tenant Rights Found. Petitioner's claim of illegalities in documents and failure to execute permanent alternate accommodation agreements rejected as premature and lacking merit.

2 Jul 2015

The petitioner, Mr Murtuza Shabbir Tinwala, a resident and tenant in the Bhendi Bazaar Area, filed a Writ Petition challenging the Letter of Intent (L...

High Court

Bombay High Court Allows Petition Challenging Demolition Notices for Structure Affected by Road Over Bridge Alignment. Court Directs Municipal Corporation to First Decide Land Ownership and Compensation Issues Before Demolition Under Article 226 of the Constitution of India.

18 Jul 2018

The petitioner, Jasuben Raghavji Patel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

High Court

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.

20 Oct 2023

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

High Court

Bombay High Court Allows Appeal in Income Tax Case on Development Agreement — Receipt of Rs.1,00,92,750/- Held as Capital Receipt Not Taxable. The court held that the Tribunal erred in interpreting the development agreement and that the compensation for settlement of dispute was a capital receipt under the Income Tax Act, 1961.

19 Apr 2024

The appeal was filed by Sunil Pran Sikand, legal heir of Pran Kishan Sikand, against an order of the Income Tax Appellate Tribunal (ITAT) dated 20th S...

High Court

High Court of Bombay Issues Judgment on Official Trustee's Petition Against MHADA Notice and Redevelopment Approvals — Matter Concerns Temple Property and Involves Heritage and Coastal Zone Regulations. The petition seeks setting aside of notice under Section 95-A of MHADA Act, building plans, and TDR certificate, while developer relies on Memorandum of Understanding and court orders.

6 Mar 2014

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High Court

Bombay High Court Upholds Validity of Incentive FSI for Redevelopment of Cessed Buildings in Mumbai — Directs Strict Compliance with Safety and Environmental Norms. The court held that DCR 33(7) is valid but must be implemented with safeguards to prevent urban disruption and protect the right to life under Article 21.

17 Oct 2005

The judgment arises from a writ petition filed by three citizens of Mumbai challenging the validity of Development Control Regulation 33(7) which gran...

High Court

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.

1 Jan 2024

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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