Court sets aside BMC order on JVPD plot TDR

Mumbai: The Bombay high court on Friday set aside a two-year-old BMC order which prevented use of transfer of development rights (TDR) on two plots in the Juhu-Vile Parle development (JVPD) scheme. The entire JVPD layout spans across 52 acres and there are several big residential projects worth over Rs 200 crore which have been stuck for the last two years ever since the BMC refused permission based on a state notification. The notification of 2010 had barred the BMC from allowing construction on plots in the Juhu area which the government said were amenity plots meant for public use. The HC order will now open the doors to Juhu-Vile Parle developers and give rise to a surge of development in the area. 

    A bench of the HC directed the plot owners were entitled to use TDR up to the normal permissible FSI of one as allowed under the development control rules on their plots. The order with which the HC disposed of two petitions filed last year by V J Mehta and Hasmukh Mehta would act as a precedent for other plot owners similarly placed and whose development applications were rejected by the BMC on the apparent ground their plots were situated in the JVPD scheme. These two plots were not amenity plots either argued Mehta's counsel. The BMC had in 2010 refused permissions to the Mehtas to use any TDR on their plots. In one order dated June 28, 2010, the BMC said the reasons for denial of permission was that since the plots were in the JVPD scheme more than the normal one FSI was being consumed. The judges held the BMC's reasons are entirely misconceived since at no point of time had the petitioners claimed a right to use more than one FSI which is normally permitted when TDR is to be loaded." The BMC had also expressed apprehension that if permitted to load TDR, it could lead to people "benefiting from the enhanced 2.5 FSI". The HC found no merit in this fear. 
    E P Bharucha, counsel for the BMC, said the civic body has made a representation to the state to clarify its position on utilization of TDRs on public amenity plots. That was another reason why the BMC had placed the Mehtas' request on hold. But given that the plot was not meant for public amenities, Justice Bobde while dictating the final order said they were entitled to the TDR to the extent of one FSI.