LAXMINARAYAN R. BHATTAD AND ORS. versus STATE OF MAHARASHTRA AND ANR.

LAXMINARAYAN R. BHATTAD AND ORS. versus STATE OF MAHARASHTRA AND ANR.

Once the Town Planning Scheme was sanctioned and became final under the Maharashtra Regional and Town Planning Act, 1966, including the Arbitrator's award, appellants could not claim additional FSI or TDR under the later Development Control Regulations, 1991. The Scheme’s contents and specific regulations prevail...

Source-derived case information.

Parties
Appellant: Laxminarayan R. Bhattad and Ors.; Respondent: State of Maharashtra and Anr.
Jurisdiction
India
Judgment Date
04 April 2003
Procedural Posture
Civil Appeal / From Judgment and Order Dated 31.7.2001 of the Mumbai High Court in W.p. No. 1631 of 1995
Outcome
Appeal dismissed
Legal Topics
Development Control Regulations, Transferable Development Rights (tdr), Floor Space Index (fsi), Sanction and Finalisation of Town Planning Schemes
Town Planning Administrative Law Statutory Interpretation Development Control Regulations Transferable Development Rights (tdr) Floor Space Index (fsi) Sanction and Finalisation of Town Planning Schemes

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Summary, issues, holding and outcome

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Parties

Laxminarayan R. Bhattad and Ors.

Appellant

State of Maharashtra and Anr.

Respondent

Procedural Posture

Civil Appeal / From Judgment and Order Dated 31.7.2001 of the Mumbai High Court in W.p. No. 1631 of 1995

Legal Issues

  1. 1 Whether appellants are entitled to benefit of additional FSI and TDR under the 1991 Regulations, post-finalisation of the Town Planning Scheme
  2. 2 Applicability of Development Control Regulations, 1991, vis-à-vis sanctioned Town Planning Scheme and the 1967 Rules

Ratio Decidendi

Once the Town Planning Scheme was sanctioned and became final under the Maharashtra Regional and Town Planning Act, 1966, including the Arbitrator's award, appellants could not claim additional FSI or TDR under the later Development Control Regulations, 1991. The Scheme’s contents and specific regulations prevail over later general regulations, and no subsequent government policy or correspondence can confer such rights unless the law provides.

Court Disposition

Appeal dismissed

Orders

  • For the aforementioned reasons, we do not find any merit in this appeal and it is dismissed accordingly.
  • No order as to costs.