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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Green Garden Apartments Co-operative Housing Society Limited – Appellant
Versus
Nitin Chaudhari – Respondent
| Table of Content |
|---|
| 1. background on society's tdr acquisition and disputes. (Para 1 , 2 , 3 , 4) |
| 2. plaintiff's allegations on unauthorized sales and fraud. (Para 5 , 6 , 9 , 10) |
| 3. defense arguments on the validity of tdr transactions. (Para 7 , 8 , 12 , 18) |
| 4. court's analysis of the validity of tdr sales. (Para 23 , 24) |
JUDGMENT :-
SANDEEP V. MARNE, J.
A. THE CHALLENGE
1. This is an application for temporary injunction filed by the Plaintiff-Society seeking to restrain Defendant Nos.5 to 18 to act in furtherance with the Agreements executed in their favour for transfer of Transferable Development Rights (TDR) and from selling, transferring, assigning, parting with or alienating the TDR received by them from and out of Plaintiff’s Development Rights Certificate (DRC) dated 7 August 2023. Plaintiff has also sought injunction against Defendant No.19-Municipal Corporation of Greater Mumbai (MCGM) from recognizing the TDR transfer agreements relied upon by Defendant Nos.5 to 18 and from permitting them to utilize the TDR out of Plaintiff’s DRC dated 7 August 2023. Plaintiffs have also sought temporary monetary injunction against Defendant Nos.1 to 4 for deposit of sum of Rs.16.51 crores toward
The court held that the sale of Transferable Development Rights does not require registration under the Registration Act as it is treated as movable property, and inadequacy of consideration alone ca....
Entitlement to Transferable Development Rights (TDR) arises only upon land surrender, not application submission, as per the Maharashtra Regional and Town Planning Act.
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.
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....
Town Planning – Cancellation of Transferable Development Rights Certificate long after surrender of land is not sustainable.
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