dealt only with grant of TDR and the conditions
on which TDR can be granted. Even the TDR available in terms
of the Regulation ... disposed of on 20.10.2022.
Starwing Developers Private Limited:
5. In Starwing Developers Private Limited vs. State of
Maharashtra (“Starwing Developers Private Limited”), Writ
Petition
entire developable potential
of the land. The phase-wise development includes the right of a
Developer to construct the building and purchase of TDR ... Tulzapurkar has submitted that the
Developer is required to disclose the developable potentiality of
the plot (inherent FSI / floating TDR) to be used
entire developable potential
of the land. The phase-wise development includes the right of a
Developer to construct the building and purchase of TDR ... Tulzapurkar has submitted that the
Developer is required to disclose the developable potentiality of
the plot (inherent FSI / floating TDR) to be used
entire developable potential
of the land. The phase-wise development includes the right of a
Developer to construct the building and purchase of TDR ... Tulzapurkar has submitted that the
Developer is required to disclose the developable potentiality of
the plot (inherent FSI / floating TDR) to be used
statutorily entitled to grant of TDR/FSI
and that Respondent No.3 (MCGM) had denied the
Petitioners 20% incentive TDR. He thus submitted that
Respondent ... provision in DCR for grant of TDR
against surrender of reserved land or surrender of
reserved land after developing the amenity thereon will
have
said property of assessee. During the course
of development, the developer obtained TDR and paid an extra ... letter, the
developer committed to assessee that if in future the developer was able to
obtain additional TDR and load it on the property being
respect of Building
No. 7 which sanctioned FSI/TDR encroaches upon the
FSI/TDR utilization potential by and of the Plaintiff
society."
(Emphasis added ... TDR.
Should that happen, the clause declares, the additional FSI or TDR
is, by agreement, the entitlement of the developer. This clause is,
therefore
again sought permission to
develop the master plan road and also prayed yet again for grant of
TDR certificates.
6. Finally, the matter having been ... RRRJ
WA_751_2022
developed at the cost of the petitioners, no TDR rights could have
been legitimately and legally claimed by the petitioners
forgetting that although that was the amount
claimed, the developer has himself limited his claim to Rs.
16,26,365. Be that ... said suggestion, the developer also
admits payment of Rs. 29,51,775 by the landowner to the
developer towards TDR rights. Even
MCGM or
the Appropriate Authority in lieu of TDR or shall be
developed as per the provisions laid down under
Regulation 9 (Table
