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Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Statutory Bar Permits Refund When Privilege Not Availed. Appellants Paid Premium for Extra FSI but Abandoned Project; Court Held Retention of Premium Without Benefit Amounts to Unjust Enrichment.

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

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Bombay High Court Allows Refund of Premium Paid for FSI Exclusion in Town Planning Case — No Development Commenced, No Benefit Availed. The court held that retention of premium without providing any benefit amounts to unjust enrichment under the Maharashtra Regional and Town Planning Act, 1966.

The petitioners, Shri Prasad Pandurang Tapkir and Smt. Shakuntala Pandurang Tapkir, filed a writ petition challenging the order dated 15 February 2020...

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Supreme Court Allows CMDA Appeal in Premium FSI Charges Dispute — Guideline Value Prevailing on Date of Approval Governs Levy. Builder's Application for Additional FSI Does Not Confer Right to Pre-Revised Rate.

The appellant, Chennai Metropolitan Development Authority (CMDA), challenged the judgment of the Division Bench of the Madras High Court which directe...

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Bombay High Court Dismisses Petition Challenging Conditions for Land Conversion — Land Granted on New and Impartible Tenure Remains Occupancy Class II and Subject to Unearned Income Payment Under Section 29 of Maharashtra Land Revenue Code, 1966.

The petitioner, M/s. Niketan Land and Estate Pvt. Ltd., challenged an order dated 24/02/2010 passed by the Collector, Nashik, which allowed the conver...

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Bombay High Court Allows Petition Challenging Conversion Fees Under Goa Land Revenue Code — Application Date Determines Applicable Rate. Conversion fees must be calculated based on rates prevailing on date of application under Section 32 of Goa Daman and Diu Land Revenue Code 1968, not on date of order.

The petitioner, Dr. Alvaro Alberto Mousinho de Noronha Ferreira, along with co-owners, applied on 08.03.2013 under Section 32 of the Goa Daman and Diu...