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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Abdul Aziz Bharmar – Appellant
Versus
Vinod Anand – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Petition raises an interesting issue of Plaintiff’s right to claim ownership in flats constructed on non-suit land owned by a third party by use of TDR generated from the suit land, in which Plaintiff claims ownership. The issue arises in the light of opposition by the owner of non-suit land to his impleadment to the suit. No doubt the TDR is generated from the suit land in which Plaintiff claims ownership, but is the TDR akin to immovable property and whether its utilization on another land would mean ‘transfer of right’ in suit land in favour of owner of non-suit land entitling the Plaintiff to run behind such owner and claim rights in flats constructed in that land? TDR is capable of being freely sold and monetized. Therefore, whether extraction of TDR from suit land and its utilization on another land would create in Plaintiff’s favour merely a right to claim monetary value of that TDR or can he also claim ownership rights in the flats constructed by use of such TDR? Whether owner of non-suit land would be a necessary party to the suit because TDR from suit land is utilized on his land? These are the issue that this Court is tasked upon to d
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....
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.
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.
Point of Law : Right to property although is no longer a Fundamental Right after 42nd Amendment to the Constitution, it is constitutionally secured.
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