Department (UDD). Respondent No.4 - M/s. Earth Design &
Developers is the developer. Respondent No.5 is the Municipal
Corporation of Greater Mumbai ... developer in the course of which the Official Trustee contended that
only FSI of 2294 square feet was sold to the developer. The developer
contended
confirmed by a writing that it was sufficient for
the developer to initially load TDR to the extent necessary to cover the
society members ... steps including the
sanction of the plans, loading of TDR/FSI, settling with the erstwhile
developers of the suit property, furnishing of bank guarantee
Developers in any manner
they choose. The Developers shall be entitled to float the FSI/TDR
of the property in the present scheme ... Condominium the unutilised/balance and
future FSI/TDR shall remain the property of the Developers and the
Developers shall be entitled to use the same
admissible slum TDR and submit the same to BMC for utilization of TDR. Thus
the approval in principle for the purchase of TDR has been ... sale amount from the
developers, which included cost of TDR to the developers.
16. Taking into account these facts, it is factually clear that
respondent no.1 terminated the Development
Agreement in respect of one more developer before entering into MOU with the
Petitioner. My attention is invited ... MHADA and NOC
from Municipal Corporation of Greater Mumbai along with IOD, TDR along with
approved plans from the Municipal Corporation of Greater Mumbai
taken any action and even revoke the order of 25%
TDR already granted. We, therefore, not permitted the Respondents-
Corporation to re-agitate the issue ... that the Respondents have granted 25% of TDR itself justified and
proved the case that the Petitioner developed the amenities on the
surrendered land
load TDR to the tune of
11612.78 sq. mtrs along with fungible FSI granted on
said TDR to the tune of 4078.40 sq. mtrs ... official of Respondent No.2. Respondent No.4 is a owner
and developer of plot of the land which was originally belonging to
Ahmedabad Jupiter
developed by those tenants at the time the other
part of the property of defendant No.1 came to be developed and
the plaintiff ... later
enacted as also the TDR which he can load on the structures to be
developed.
19. It is easy to see that the contention
issued circular
stipulating that additional TDR would be given for 15% of the area of
Development Plan Roads constructed/developed. Various Petitions
challenging the same ... letter dated 6 April 2012 that TDR
can be given if the Corporation asked them to develop the amenity for
the Corporation
lacs to be received
from the developer under the head capital gains, when the developer has not
fulfilled the conditions stated in the agreement ... assessee had entered into an agreement for sale/transfer of TDR/FSI
with Narang Developers Pvt. Ltd., for a consideration
