Godrej And Boyce Manufacturing Co. Ltd vs State Of Maharashtra And Ors

The Supreme Court addressed the issue of Transferable Development Rights (TDR) under the Maharashtra town planning law, specifically regarding the extent of TDR for roads constructed by landowners on surrendered plots. The Court held that the provisions of the Development Control Regulations for Greater Bombay, 1991, which allow for additional TDR equivalent to the area of construction, cannot be overridden by executive circulars issued by municipal authorities. The Court ruled in favor of the landowners, affirming their entitlement to TDR for the entire surface area of the constructed roads, as the circular was deemed to have no retrospective effect and could not supersede legislative provisions.