ABDUL AZIZ BHARMAR AND ANR vs VINOD ANAND AND ORS

Judgment text excerpt

k 1/15 14 wp 3595.23 as.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3595 OF 2023 Abdul Aziz Bharmar & Anr. ....Petitioners V/S Vinod Anand & Ors. ....Respondents _________ Mr. Kailas Dewal with Mr. Sham Thakur i/b Mr. Yash Dewal for the Petitioners. Mr. Surel Shah, Senior Advocate with Mr. Rishikesh Soni and Ms. Raveena S. Yadav for Respondent No.1. Ms. Minal Chandnani for Respondent No.10. __________ CORAM : SANDEEP V. MARNE, J. DATE : 03 FEBRUARY 2026. J U D G M E N T: 1. The Petition raises an interesting issue of Plaintiff’s right to claim ownership in flats constructed on non-suit land owned by a third party by use of TDR generated from the suit land, in which Plaintiff claims ownership. The issue arises in the light of opposition by the owner of non-suit land to his impleadment to the suit. No doubt the TDR is generated from the suit land in which Plaintiff claims ownership, but is the TDR akin to immovable property and whether its utilization on another land would mean ‘transfer of right’ in suit land in favour of owner of non-suit land entitling the Plaintiff to run behind such owner katkam Page No. 1 of 15 k 2/15 14 wp 3595.23 as.docx and claim rights in flats constructed in that land? TDR is capable of being freely sold and monetized. Therefore, whether extraction of TDR from suit land and its utilization on another land would create in Plaintiff’s favour merely a right to claim monetary value of that TDR or can he also claim ownership rights in the flats constructed by use of such TDR? Whether owner of non-suit land would be a necessary party to the suit because TDR from suit land is utilized on his land? These are the issue that this Court is tasked upon to decide in the present Petition. 2. By this Petition f