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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. Gadkari, KAMAL KHATA, JJ
Smt. Saranga Anil Kumar Aggarwal – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Kamal Khata, J.
1) By this Writ Petition, filed under Article 226 of the Constitution of India , the Petitioner seeks the following reliefs:
“a) that this Hon’ble Court be pleased to issue a Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate writ, order or direction, under Article 226 of the Constitution to declare that the Petitioner is entitled to land Transferable Development Rights (TDR) in the form of Development Rights Certificates (DRC) under all three Tripartite Agreements in respect of land surrendered under the Scheme in accordance with DCPR 2034 i.e. at twice the land area (as per Sub-Clause 4.1.1 of Regulation 32 in Table
12-A. b) that this Hon’ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus, or any other appropriate writ, order or direction under Article 226 of the Constitution, directing the Respondents to issue a recommendation letter to MCGM for release and issuance of DRCs for Land TDR to the Petitioner for the entire land area at the rate specified in DCPR 2034 i.e. the DRCs for the balance land TDR of 19,436.24 sq. meters and also to direct the Respondents to permit the Petitioner the DRC so
A developer cannot claim benefits under new regulations without fulfilling the necessary conditions stipulated, and a writ cannot be issued to establish a non-crystallized legal right.
A Writ cannot create a legal right; it can only enforce an already established right. Entitlement under new regulations requires compliance with specific conditions, which were not met in this case.
Entitlement to Transferable Development Rights (TDR) arises only upon land surrender, not application submission, as per the Maharashtra Regional and Town Planning Act.
Point of Law : Right to property although is no longer a Fundamental Right after 42nd Amendment to the Constitution, it is constitutionally secured.
The court established that retrospective application of government directives curtailing vested rights is impermissible unless expressly stated, reinforcing the doctrine of promissory estoppel.
Owner of land is under obligation to develop or construct amenity on surrendered land at his cost and Planning Authority has to reciprocate the same by granting Additional FSI or Additional TDR.
The right to Transferable Development Rights (TDR) for constructed amenities accrues at the time of land surrender, and amendments to regulations do not apply retrospectively, ensuring compensation r....
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