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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, C.J., GAUTAM A. ANKHAD
Aswani Associates – Appellant
Versus
State of Maharashtra, Through its Secretary to the Department of Urban Development Department – Respondent
| Table of Content |
|---|
| 1. challenge to tdr reduction (Para 1 , 2 , 3 , 4) |
| 2. entitlement to full tdr based on statutes (Para 5) |
| 3. denial of petitioners' claims (Para 6) |
| 4. binding nature of actions and implications of directives (Para 7 , 8) |
| 5. doctrine of promissory estoppel in government assurances (Para 9 , 10 , 11) |
JUDGMENT :
GAUTAM A. ANKHAD, J.
The petitioners have challenged the order dated 17th October 2017 passed by the respondent no.5 (Deputy Director of Town Planning, Pimpri-Chinchwad Municipal Corporation), whereby the petitioners’ entitlement to the Transferable Development Rights (TDR) in respect of their surrendered land has been curtailed for the extent of 50% of TDR.
2. The petitioners state that on 30th September 1999, the Development Plan was sanctioned under the MAHARASHTRA REGIONAL AND TOWN PLANNING ACT , 1966 (“MRTP Act”). In the said plan, Reservation No. 361 (Garden) and an 18-metre-wide D.P. Road (“the reservation”) was imposed on the petitioners’ land admeasuring approximately 7000 sq. metres. The petitioners initially had development rights in the property and in the year 2013 they became owners of the land. From 31st January 2013 to 27th January 2016 the petitioners i
The court established that retrospective application of government directives curtailing vested rights is impermissible unless expressly stated, reinforcing the doctrine of promissory estoppel.
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.
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.
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.
Town Planning – Cancellation of Transferable Development Rights Certificate long after surrender of land is not sustainable.
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