Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Development Control Regulation for Greater Bombay 1991 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Developement Control Regulation for Gretaer Bombay (0 of 1991) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Development Control Regulation for Greater Bombay, 1991, Regulation 3(7) ~ Transfer developmental rights (TDR) - Amenity - Order by High Court directing Municipal Corporation of Greater Bombay (MCGB) to grant additional transfer development rights and to issue development rights certificate equivalent to 85 % of the area of a courtyard developed by the respondents in favour of MCGB - Correctness of - Held: As per the definition of 'amenity' under Regulation 3(7) asphalting the courtyard amount to an amenity - Clauses 5 and 6 in Appendix VII does not give a discretion to the Municipal Authorities to scale down the grantable TDR - Thus, the High Court was right in granting 100% TOR as against the development of courtyard by asphalting the same - The very stance on the part of the MCGB to provide 15% of additional TOR for asphalting the courtyard would contain an admission that asphalting of the courtyard would amount to an 'amenity' - Once it is held as an amenity, there is no question of refusing the right of equivalent TDR. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2011 INSC 216 |
Petitioner | The Municipal Corporation Of Greater Bombay &anr. |
Respondent | Yeshwant Jagannath Vaity & Ors. |
SCR | [2011] 5 S.C.R. 653 |
Judgement Date | 2011-03-17 |
Case Number | 2575 |
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