Proportionate Land Conveyance versus Plinth Area Restrictions Under MOFA When Utilizing TDR in Layouts
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Case: NEELKANTH MANSIONS AND INFRASTRUCTURE PRIVATE LIMITED v. THE DISTRICT DEPUTY REGISTRAR CO OPERATIVE SOCIETIES THANE AND ORS
Court: Bombay High Court
Date: 25-06-2026
Law: Maharashtra Ownership Flats (Regulation of the promotion of Construction Sale Management and transfer) Act, Maharashtra Co-operative Societies Act, Constitution of India.
Highlights of the Judgment:
- Interpretation of Section 11 of the Maharashtra Ownership Flats Act regarding unilateral deemed conveyance in large integrated layouts.
- Analysis of the Government Resolution dated 22 June 2018 concerning land conveyance where Transferable Development Rights (TDR) are utilized.
- Judicial distinction between selective loading of TDR on specific buildings versus layout-wide distribution for proportionate land division.
- Clarification on the definition of "appurtenant area" and its inclusion of land required for the beneficial enjoyment of the building.
- Examination of the Competent Authority's power to grant proportionate land share before the completion of the entire project layout.
- Application of Article 227 of the Constitution of India regarding the High Court's supervisory jurisdiction over quasi-judicial orders.