#FSI

The Bombay High Court held that stamp duty on a Joint Development Agreement cannot be levied on future contingent development rights as if they were present vested rights, quashing orders that inflated valuation beyond rights existing on the execution date. The ruling clarifies that valuation under Article 5(g-a)(i) must reflect only the development rights actually transferred at the time of agreement execution, protecting developers from excessive duty demands on speculative future entitlements.

The Bombay High Court has ruled that once a developer has exhausted the permissible development rights under MOFA, they cannot delay transferring land to the housing society by alleging potential future Floor Space Index. This clarifies that deemed conveyance is triggered by completed development, not speculative future gains, protecting cooperative societies from prolonged legal obstruction by builders.

The Bombay High Court has ruled that under Section 11 of the Maharashtra Ownership Flats Act, deemed conveyance cannot include land acquired through incentive-based FSI if owned by a separate corporate entity. This clarifies that promoters cannot leverage third-party land or corporate structures to expand conveyance obligations, protecting cooperative societies from ambiguous title claims and reinforcing the link between development and ownership.

Bombay High Court holds that deemed conveyance under MOFA must reflect proportionate land share based on sanctioned FSI, not total plot area, clarifying statutory interpretation.

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