entitled to claim
additional TDR;
(v) that the claim for Additional TDR should be made
simultaneously with the claim for TDR, but the appellants failed ... already
obtained DRC for TDR. Yet, the first PoA was towards TDR and
the second PoA was for additional TDR.
44. Therefore, even an independent
MCGM Though there are two
components of the TDR, namely, the Land TDR and Construction
TDR, they both form an integral and inseparable part ... project. Though
there are two components of the TDR, namely, the Land TDR and
Construction TDR, they both form an integral and inseparable part
area
correction etc, and loading TDR and exploiting FSI in lieu of
such TDR on the property. The Developers shall also be
entitled to further ... loading of the TDR and exploiting the
FSI in lieu of such TDR .
The agreement contemplated that the developer shall
construct one wing comprising
Developments letter dated
28.10.2009 have been developed by the
Corporation, the said reservations and development
plan roads were not developed by M/s Ravi
Developments ... developed. However, since they did not
develop certain reservations/amenities mentioned in Clause 2 of
the impugned order, they are not entitled to claim TDR
view to construct the building as per revised layout plan, the developer purchased TDR admeasuring 232.26 sq.mtrs. granted by Pune Municipal Corporation vide ... been reduced. In order to complete the FSI, the developer has purchased TDR from time to time by paying to the Pune Municipal Corporation
INDIA, PRAYING TO QUASH THE
NOTIFICATION BEARING NO. BBMP/RI/RRN/EE/TDR/04/2020-
21 DTD 4TH OF MARCH 2021 ISSUED ... acquired
land, respondents would be distributing the Transferable
Developed Rights ("TDR"). The notification is published in
Newspaper and the same is enclosed
entire plot and
permissible TDR
potential of the entire
plot.
iii) The Authority, if
required, shall allow the
TDR for the unutilized ... situ FSI), to
be utilized as per TDR
Regulations.
iv) Reservation may be
allowed to be developed
in parts.
Hereto annexed and marked as EXHIBIT
policy was intended to
transfer the burden of developing reserved plots to private land
owners or developers in consideration of certain incentives. To
Page ... developing the land, the authority will
retain 70% of the land and allow the developer to develop the
remaining 30% by using the FSI/TDR
Meters and titbits granted to the Developer and
no other consideration is to be provided by the Developer."
Page 23 of 42
13th December ... Developer irrevocable rights,
permission, and authority to carry out the work or
construction hereby envisaged by using FSI, Fungible FSI,
TDR, acquiring titbits, and other
award is
in the form of a TDR Certificate issued by the
Competent Authority. The TDR Certificate inter-
alia should mention the area surrendered ... TDR in JANHIT MANCH vs. STATE OF MAHARASHTRA5 at
paragraphs 2, 3 & 4 has instructively observed:
"2...transferable development right (TDR) is
voluntary
