JANHIT MANCH THROUGH ITS PRESIDENT BHAGVANJI RAIYANI vs THE STATE OF MAHARASHTRA

The Supreme Court addressed the issue of urban population mobility and its impact on civic amenities, particularly in Mumbai, where encroachment on public land has led to the growth of slum areas. The Court discussed the concept of Transferable Development Rights (TDR) as defined in Section 2(9A) of the Maharashtra Regional and Town Planning Act, 1966, which allows landowners to sell development rights to increase density elsewhere. The Court emphasized that TDR serves as an alternative compensation mechanism for land acquired for public utilities, thereby balancing urban development needs with the rights of landowners.