BHOLENATH DEVELOPERS LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Respondent No. 1 (State) vide a Notification dtd. 16/11/2016 issued under the provisions of Sec. 37 of the Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act') sanctioned a modification to Regulation 34 of the Development Control Regulations 1991 inter alia by which grant of Transferable Development Rights (TDR) was regulated.

(2.) The Petitioners' claim to be the owner of a plot of land bearing S. No.91, Hissa No.7/1/1 (part) and 7/1/2 (part), CTS No.612-B, Village Borla, Taluka Kurla, Mumbai Suburban District, admeasuring around 1777 Sq. Meters ('the said plot'). The said plot was affected by a reservation for the purpose of a playground in the sanctioned Development Plan dtd. 25/3/1991 (DCR, 1991).

(3.) The Petitioners, on 24/1/2017, made an application ('Petitioners' Application') for issuance of a Development Right Certificate ('DRC') by offering to hand over the said plot in terms of the said Notification. Respondent No. 3 (MCGM), however, failed to grant the Petitioners the benefit of incentive TDR under the said Notification, and it is thus that the present Writ Petition has been filed.