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february 2009

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.

GODREJ AND BOYCE MANUFACTURING CO. LTD. vs STATE OF MAHARASHTRA . · Niyam