• Occupation Certificate and FSI Utilization - Once an Occupation Certificate (OC) is granted, the promoter or developer generally cannot utilize additional or fungible FSI for the land or building beyond what was permissible at the time of construction and approval. Several cases emphasize that the entire FSI potential is considered utilized at the time of construction and OC issuance, and subsequent benefits such as additional FSI or TDR cannot be used for further development or to claim larger land areas ["2024 0 Supreme(Bom) 1105"], ["2023 Supreme(Online)(Bom) 22243"], ["2025 0 Supreme(Bom) 1385"], ["2024 0 Supreme(Bom) 607"], ["

  Kaalkaa Real Estates VS Municipal Corporation Of Gr. Mumbai - Bombay

  "], ["2025 Supreme(Online)(Bom) 4025"].

• Rights and Limitations Post-Occupation Certificate - The law and agreements stipulate that the promoter's rights to utilize FSI are limited to the extent permitted at the time of approval. After OC issuance, the promoter cannot claim or benefit from excess FSI or TDR, especially if the land has been conveyed to flat purchasers or the FSI has been fully utilized during initial construction ["2024 0 Supreme(Bom) 1105"], ["2023 Supreme(Online)(Bom) 22243"], ["2025 0 Supreme(Bom) 1385"].

• Impact of FSI on Land Conveyance and Development - The conveyance of land to flat purchasers is linked to the FSI utilized during construction. If the land has already been conveyed or the FSI potential exhausted, the promoter cannot leverage additional FSI or TDR benefits to alter land area or development rights post-occupation ["2024 0 Supreme(Bom) 1105"], ["2025 0 Supreme(Bom) 1385"], ["2023 Supreme(Online)(Bom) 22243"].

• Legal Restrictions and Approvals - Courts have consistently held that FSI granted in violation of regulations or beyond prescribed limits cannot be utilized for further development after OC is granted. The issuance of OC signifies that the construction complies with the approved FSI, and any subsequent claims for excess FSI are invalid ["2024 0 Supreme(Bom) 1105"], ["2023 Supreme(Online)(Bom) 22243"], ["2023 0 Supreme(Bom) 891"].

• Specific Case Examples - Several cases demonstrate that once the OC is issued, the developer's ability to use additional or fungible FSI is restricted. For instance, in one case, the court noted that the entire FSI potential of the plot was utilized at the time of the construction of the building and the Occupation Certificate in respect of the same was granted ["2025 0 Supreme(Bom) 1385"]. Similarly, partial occupation certificates do not permit further utilization of FSI beyond what was originally sanctioned ["2025 Supreme(Online)(Guj) 6654"], ["2022 0 Supreme(Bom) 1540"].

Analysis and Conclusion:The consistent legal principle across the cited cases is that once an Occupation Certificate is granted, the promoter or developer cannot utilize any remaining or fungible FSI for the same land or building. The FSI potential is considered fully utilized at the time of construction and approval, and the OC signifies compliance with the sanctioned FSI. Any attempt to use additional FSI or TDR after OC is generally seen as unlawful, and developers cannot benefit from such benefits if the land has already been conveyed or if the construction has been completed within the approved FSI limits. This ensures that development rights are exercised within the parameters of approved plans and regulatory compliance ["2024 0 Supreme(Bom) 1105"], ["2023 Supreme(Online)(Bom) 22243"], ["2025 0 Supreme(Bom) 1385"], ["2024 0 Supreme(Bom) 607"], ["

Kaalkaa Real Estates VS Municipal Corporation Of Gr. Mumbai - Bombay