RAVI DEVELOPMENTS Vs. BHAYANDER MUNICIPAL CORPORATION

JUDGEMENT

(1.) The Petitioners are challenging the rejection of their claim for an additional 100% TDR in the form of FSI by the Mira- Bhayander Municipal Corporation ('MBMC'). The claim is for the amenities such as the DP road, playground, and recreation ground which were either developed by the Petitioners or paid for by them. This Petition, filed under Article 226 of the Constitution of India, seeks to quash and set aside the rejection, which is the impugned order dtd. 29/1/2021, and to direct the Respondent Authorities to grant TDR in the form of FSI equivalent to the area of the above amenities.

(2.) The first Petitioner is a partnership firm, of which the second Petitioner is a partner. The Petitioners claimed that the first Petitioner owns and has developed a large layout in the Mira, Navghar and Ghodbunder areas within the jurisdiction and management of MBMC. This layout has been developed in phases since 1993-94 and includes reservations such as playgrounds, recreation grounds and DP roads.

(3.) The Petitioners state that they have given possession of the land to the Respondent Authorities at no cost, in compliance with Regulation 33 of the Development Control Regulations (DCR). As a result, the Respondent Authorities have issued Development Right Certificates (DRC) to the Petitioners. However, the Respondent Corporation has only issued DRCs for the surrendered reserved lands, not for the amenities built on them. The Petitioners claim that they have registered various agreements/declarations with the Sub-Registrar of Assurances, in Thane, as per the policy of the Respondent Corporation for transferring the reserved land ('Navghar Reservation Lands'), the details whereof are reproduced below :