#Development Control Regulations

Supreme Court rules that denying refund of premium paid for unutilized Floor Space Index (FSI) is arbitrary and violates Article 14, directing refund of ₹27.41 lakh with 7% interest after deducting 10% administrative charges. The judgment reinforces that state actions under Development Control Regulations must align with constitutional guarantees of equality and non-arbitrariness, impacting property developers and urban planning authorities.

Bombay High Court rules that the Municipal Corporation of Greater Mumbai (MCGM) lacks authority to impose a 100% premium for staircase relaxation under DCR 33(5), citing binding Supreme Court precedent. The Court directed a refund of Rs. 3.48 crore with 6% interest within 10 weeks, reinforcing limits on municipal discretion in development charges.

Bombay High Court rules that Transferable Development Rights (TDR) lawfully acquired but unutilised due to external constraints retain validity. The Court directs revalidation under DCPR 1991, reinforcing property rights protection for developers facing unavoidable delays in project execution.

Bombay High Court upholds Maharashtra's TDR premium mechanism under MRTP Act, clarifying statutory authority and rejecting challenges to delegated legislation.