Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Regional and Town Planning Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Allowed |
Headnote | Maharashtra Regional and Town Planning Act, 19661 Development Control Regulations for Greater Bombay, 1991: Sections 2, 22A, 29, 31, 37, 126, 15413, 32, 34, 35, 62, Paragraph 6 of Appendix VII - Voluntary surrender of lands - Roads constructed by the owners before surrendering the lands - Claim for Floor Space Index or Transferable Development Rights for the whole of the surface area of the roads - Municipal Corporation limiting it to 15% of the area relying on a circular - Held: Such changes could be made only by making suitable amendments in the law and not by an executive circular - It is highly debatable if certain public utilities can be introduced through a circular within the meaning of the Act or the Regulations - Surrender of the lands in terms of clause (b) of section 126(1) of the Act cannot be subjected to any further conditions than those provided for in the statutory provisions - It is open to the Legislature to add to the conditions provided for in the statute - But not to be left in the hands of the executive to impose conditions. The appellants and the writ petitioners had their plots of land shown in the Development Plan as reserved for roads. They voluntarily surrendered their lands. In addition, they constructed on their respective pieces of land the Development Plan roads at their own cost and as per the specifications stipulated in the relevant rules. There is no dispute between the parties in regard to the Floor Space Index or Transferable Development Rights granted to them for the surrendered pieces of land. But the parties are in serious controversy over the extent of Floor Space Index or Transferable Development Rights for the roads constructed on the surrendered lands at the owners' cost. The landowners claim that for constructing the roads they are entitled to Floor Space Index or Transferable Development Rights for the whole of the surface area of the roads. The municipal authorities would, however, grant them additional Transferable . Development Rights only to the extent of 15% of the road area. The stand of the municipal authorities is based on a circular dated April 9, 1996 issued by the Municipal Commissioner, Municipal Corporation of Greater Bombay. The circular envisages a graded scheme for grant of Additional Development Rights for construction of amenities by the landowner, e.g., in case of amenities like general hospital, municipal primary school etc. it allows FSI equal to the built up area of the structure but in case of DP road only 15% of the area of the road surface.On behalf of the landowners it is argued that the contents of the circular are no more than executive instructions and can not supersede or override the provisions of the Regulations which are legislative in nature; in any event the circular would only operate prospectively and have no bearing on the cases in hand since it was issued after the appellants and the petitioners had surrendered their plots of lands after constructing roads on those lands as required by the authorities. On behalf of the State and the municipal authorities, it is contended that the law provides for grant of additional Floor Space Index or Transferable Development Rights commensurate to the value of the amenity constructed. It by the landowner and the meaning of paragraph 6 of Appendix VII to the Regulations will be clear by reading it along with the other provisions of the Regulations and the parent Act; and that the circular dated April 9, 1996 would appear to be merely clarificatory and fully apply to the claims of the appellants and the petitioners. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2009 INSC 111 |
Petitioner | Godrej & Boyce Manufacturing Co.ltd. |
Respondent | State Of Maharashtra & Ors. |
SCR | [2009] 1 S.C.R. 1016 |
Judgement Date | 2009-02-06 |
Case Number | 1746 |
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