Bombay High Court
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In a recent hearing, the Bombay high court rejected petitions made by various reputed developers that sought 75% of 100% rights to develop somewhere else as the replacement of roads that are constructed by them to the Mumbai Metropolitan Region Development Authority (MMRDA) here in Mumbai.

The developers seek 100% transferable development rights (TDR) as a substitute of land which they have surrendered as a readymade Development Plan (DP) road to BMC [Brihanmumbai Municipal Corporation].

According to the rules, the developer will get equal TDR to the gross area of the surrendered plot. The laws also state that the landowner who constructs amenities at his/her cost is eligible for increased TDR equivalent to the area of construction made by the same person.

The petitioners in the case said that the Supreme Court, in its February 2009 judgment of a similar case said that equivalent TDR refers the landowner for the entitlement of 100% TDR to construct amenities at his/her cost.

They also told the Bombay High Court that BMC granted only 25% for the constructed area according to the permission granted in a 2003 circular after the amendment on November 16, 2016. This amendment was issued by the State to Development Control Regulations (DCR) — rules that are laid to govern the development that takes place in the state according to which the advantage of “equivalent TDR” was sought to be “abolished’’.

The bench of two-judges that are justices Abhay Oka and Riyaz Chagla on December 18 said that the amendment was lawful but not with retrospective effect.

One of the developers said that he had constructed seven DP roads between 2004 and 2008. He also said that in 2001, he was sanctioned 100% TDR for land to construct a DP road, but received merely 25% of the additional developable rights for construction of roads.

Another developer said that he owned the reserve land for a DP road which was constructed by him and surrendered to BMC in the year 2006 in return of which he received only 25% TDR. Both the developers said that they are demanding 75% of the share now on the basis of the judgement passed by the Hon’ble Supreme Court.

In the case, Bombay HC granted permission to three petitions while rejecting eight pleas. The rejection was made due to the delay in filing a petition to seek relief from the authorities. The landowners said that they surrendered the land to Brihanmumbai Municipal Corporation in order to avoid the acquisition process by the authority.