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No retro TDR benefit for builders who handed roads to BMC: Bombay high court.

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Bombay high court rejected petitions by several leading realty firms, including Byramjee Jeejeebhoy Pvt Ltd, Oberoi Realty Ltd and Nanabhoy Jeejeebhoy Pvt Ltd, which sought balance 75% of 100% rights to develop elsewhere in lieu  of handing over mostly roads constructed at their cost, to BMC or Mumbai Metropolitan Region Development Authority (MMRDA) here. 

They were seeking 100% transferable development rights (TDR) in lieu of land they surrendered as a readymade Development Plan (DP) road to BMC. Some had constructed road portions. 

The law provides for TDR equal to gross area of plot surrendered. Rules also provide that when the land-owner also constructs amenities at his cost, he is entitled to more TDR equivalent to area of construction by him. 

 

The petitioners argued that the Supreme Court, in its February 2009 judgement in the Godrej & Boyce case, had held that “equivalent” TDR would mean and entitle the owner to 100% TDR for construction of amenities at his cost.

But they had told the HC that BMC had granted only 25% for the constructed area, as permitted in a 2003 circular, after citing a November 16, 2016, amendment by the state to Development Control Regulations (DCR) — rules that govern how develpment takes place in the state — by which the benefit of “equivalent TDR” was sought to be “obliterated’’. 


The HC bench of Justices Abhay Oka and Riyaz Chagla on December 8 held that the amendment was valid but not with retrospective effect. Oberoi had moved the court in 2017 & Byramijee in 2016. (Times of India)

 

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