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In a significant legal development, the Bombay High Court has issued a directive compelling the Brihanmumbai Municipal Corporation (BMC) to grant a Transferable Development Rights (TDR) certificate to a private builder. This decision stems from the builder's ownership and subsequent surrender of land for the construction of the Sahar Elevated Ring Road, a crucial infrastructure project leading to International Airport Terminal 2 in Mumbai.
The ruling, delivered by the HC bench comprising Justices Gautam Patel and Kamal Khata, came in response to an affidavit submitted by the Mumbai Metropolitan Region Development Authority (MMRDA). The MMRDA, in its sworn statement, explicitly disclaimed jurisdictional authority over the segment of the Sahar Elevated Road that had been built on land belonging to the Eversmile Construction Company Pvt Ltd.
Eversmile Construction Company had lodged a petition with the High Court, with legal representation led by senior counsel Pravin Samdani. The company's petition sought clear instructions for both the BMC and the MMRDA to accept the voluntary surrender of its property and subsequently issue the much sought-after TDR certificate. This request was made in line with a formal application submitted by the company in July 2018.
During the proceedings, Pravin Samdani invoked a pivotal Supreme Court judgment from 2020, which the Bombay High Court cited as illuminating the potential hazards associated with public authorities disclaiming jurisdictional authority when it is warranted.
Senior advocate GS Hegde, who represented the MMRDA, and counsel Shoma Maitra, representing Mumbai International Airport Ltd (MIAL), argued fervently that the plea should be exclusively directed at the BMC, as they were the responsible authority tasked with issuing the TDR certificate.
The High Court carefully considered the possible ramifications of denying the petitioner compensation for the surrendered land. It emphasized the broader public interest in ensuring the timely issuance of the TDR certificate, underscoring that even MMRDA officials would encounter difficulties accessing the airport if the certificate were not granted.
In accordance with the High Court's ruling, the BMC has been given a deadline of four weeks to issue the TDR certificate. The court's order, delivered on September 13, is poised to have a far-reaching impact on the future of land development and infrastructure projects in Mumbai.
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