VidhiSangh

Supreme Court of India · 08/05/2023

GODREJ AND BOYCE MANUFACTURING COMPANY LIMITED THROUGH ITS CONSTITUTED ATTORNEY & ANR. versus THE MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS

[2023] 6 S.C.R. 56 · 2023 INSC 504

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court rejected an additional transferable-development-rights claim for a recreation ground, while overturning the finding that the claim had been abandoned by delay. Waiting for the outcome of the owner’s challenge to the obstructing municipal policy did not show abandonment. On the correspondence, however, the earlier works fulfilled conditions for ordinary TDR on land surrender, and the later developer’s permission expressly excluded additional TDR. The appeal was dismissed without costs.

Issues

  1. Whether waiting for adjudication of the policy barring additional TDR amounted to abandonment.
  2. Whether the owner’s works and later developer’s activities established a statutory entitlement to amenity TDR in addition to surrender TDR.

Provisions considered

Held

Result

Appeal dismissed without costs; additional amenity-TDR claim rejected on merits despite reversal of the abandonment finding. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 56.