Bombay HC asks BMC to grant builder TDR in four weeks, Real Estate News, ET RealEstate

September 18, 2023

MUMBAI: Bombay high court this week directed the BMC to to grant a transferable development rights (TDR) certificate to a private builder who owned and surrendered land for the Sahar Elavated ring road going to International airport Terminal 2.

The order by the HC bench of Justices Gautam Patel and Kamal Khata came after the MMRDA contended on oath that it is not the planning authority for portion of the Sahar Elevated Road that was built on the land belonging to Eversmile Construction Company Pvt Ltd.

Eversmile had petitioned the HC and through senior counsel Pravin Samdani sought directions to the BMC and MMRDA to accept the surrender of its property and issue it the TDR certificate, pursuant to its July 2018 application.

Samdani had also relied on a Supreme Court judgment of 2020, which the HC said “highlights precisely the perils that we anticipate of the public authorities persisting in each disclaiming jurisdictional authority.”

The HC after hearing also GS Hegde senior advocate for MMRDA and Shoma Maitra counsel for Mumbai International Airport Ltd (MIAL) said the plea must be moulded and made only against the BMC, the authority which issues the TDR certificate.

“Above all, we are mindful of the resultant chaos if compensation in this form is not granted to the petitioner. That is a much wider public interest because it would necessarily mean that even MMRDA officials would not be able to get to the airport,” said the HC in a September 13 order. The BMC has to issue the TDR certificate in four weeks.

  • Published On Sep 17, 2023 at 01:00 PM IST

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