square
metres (excluding common areas).
(ii) the Developer shall re-develop the Suit Property on 'as is where is basis' based ... Developer. However, the
Developer shall issue such intimation only after execution of the Tripartite
Agreements, loading of the entire TDR and issue of full
interest of whatsoever nature over the said TDR
and or portion of the TDR used by the developers on the said property and shall
always ... operate with the developer and shall execute such documents as and
when called upon by the developer for consuming such TDR on the said properly
agreement envisaged that upon the developer receiving an IOD and
purchasing and loading the TDR, the society and all its members would
handover possession ... intimation by the developer, vacant and peaceful
possession of the existing premises would be handed over to the developer.
The developer was to issue such
agreement envisaged that upon the developer receiving an IOD and
purchasing and loading the TDR, the society and all its members would
handover possession ... intimation by the developer, vacant and peaceful
possession of the existing premises would be handed over to the developer.
The developer was to issue such
court BBMP proves that the land against which Mantri
Developers has been issued TDR, actually is a
Government land, then Mantri Developers shall within ... months of such order, return the TDR to BBMP and bear
the cost therefor.
17. BBMP and Mantri Developers agreed to above."
6. Having
available to the society after obtaining the
necessary TDR certificates, DRA required the developer to pay a sum of `. 3.05 crore as
corpus fund ... buildings on additional FSI available to the society after obtaining TDR
certificates. As the developer could not obtain IOD and CC within the prescribed time
with Respondent No. 4 M/s.
Universal Builders (in short “the Developer”) in respect of the
development of the Society’s property. The plaintiffs challenged ... plot, seeking injunction
restraining the Society and the Developer from utilizing the entire
available balance TDR/FSI of the plot and praying for directions that
bought and transferred by the Developer after shortlisting and
selection of the Developer, by the Society. The Developer must submit proof of
the same along ... stated that once the plans are approved by the Society members, the TDR
shall be loaded instantaneously for obtaining the sanctioned plans from the
concerned
grant
to HDIL "developers' development rights with respect to
developers portion";9 and right to utilize the developers'
development potential including ... Definitions of Developer's
Land, Developer's Development Potential, Developer's Portion,
Developer's Right in Developer's Portion, MIAL
into an agreement for
sale/transfer of TDR/FSI with M/s K. Bhatia Enterprises, the Developer, for a
consideration ... member
and the members individually cannot transfer FSI/TDR directly to developer.
2. The appellant prays that the order