Supreme Court of India · 2009-02-06
GODREJ AND BOYCE MANUFACTURING CO. LTD. vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2005/25057
- Court
- Supreme Court of India
- Petitioner
- GODREJ AND BOYCE MANUFACTURING CO. LTD.
- Respondent
- STATE OF MAHARASHTRA .
- Author
- MARKANDEY KATJU,AFTAB ALAM, , ,
- Bench
- MARKANDEY KATJU,AFTAB ALAM, , ,
Judgment text excerpt
The Supreme Court addressed the issue of Transferable Development Rights (TDR) under the Maharashtra town planning law, specifically referencing the Development Control Regulations for Greater Bombay, 1991. The Court held that landowners who voluntarily surrendered their land for public roads are entitled to TDR for the entire surface area of the constructed roads, as per the provisions of the regulations, and that executive circulars cannot override legislative provisions. The Court ruled in favor of the landowners, affirming their claim for TDR based on the construction of roads on surrendered land.