| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1966 Maharashtra Regional and Town Planning Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Maharashtra Regional and Town Planning Act, 1966 (37 of 1966) |
| Case(s) Referred | Referred Case 0 Referred Case 1 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Maharashtra Regional and Town Planning Act, 1966 : s. 126 – Acquisition of land required for public purposes specified in the plan – Appellant was the owner of the plot in second Development Plan for Greater Mumbai, reserved for the purpose of ‘Recreation Ground’– Application by the appellant no. 1 to surrender land reserved for recreation purpose and for the grant of Development Rights Certificate-DRC – Intention to develop the land sought to be surrendered expressed – Proposal accepted, appellant undertook the development work and handed over the possession of the land – DRC issued to appellant no. 1, however, no additional TDR issued – Claim for the grant of Additional TDR by the appellant, rejected by corporation on the basis of circular dated 09/04/1996 which restricted the grant of additional TDR in certain circumstances – Since the circular was under challenge before this Court, appellant no. 1 awaited the outcome – Later on, the said circular set aside by this Court in 2009 in Godrej and Boyce Manufacturing Company Limited’s case, case of the appellant no. 1 but in respect of some other property – Another request made for grant of Additional TDR in Nov 2009, which was declined in Aug 2010 – Writ petition there against, dismissed by the High Court, on the ground that there was abandonment of claim by the appellants – On appeal, held: Law of abandonment was based upon the maxim invito beneficium non datur which meant that the law conferred upon a man no rights or benefits which he does not desire – However, during the period from 1996 to 2009, the right to claim additional TDR was in suspended form making the appellant to necessarily wait till it was decided – It is clearly unjustified and unacceptable to say that the wait of the appellants during this period could tantamount to abandonment – As regards, the grant of Additional TDR, all activities undertaken by appellant No.1 through their Architects till the handing over of possession of the land were not towards the development of amenity and for the grant of Additional TDR – All those works were undertaken as part of the effort to make the Corporation accept the surrender of land and to grant TDR – Thus, the High Court was right in recording a finding of fact that the appellants did not develop the amenity so as to be entitled to additional TDR – Finding of fact made by the High Court in this regard is upheld – Development Control Regulations for Greater Mumbai, 1991 – Reg. 34. Words and Phrases: “Amenity” and “development” – Meaning of, in the context of the Maharashtra Regional and Town Planning Act, 1966. |
| Judge | Hon'ble Mr. Justice V. Ramasubramanian |
| Neutral Citation | 2023 INSC 504 |
| Petitioner | Godrej And Boyce Manufacturing Company Limited Through Its Constituted Attorney & Anr. |
| Respondent | The Municipal Corporation Of Greater Mumbai & Ors |
| SCR | [2023] 6 S.C.R. 56 |
| Judgement Date | 2023-05-08 |
| Case Number | 9021 |
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