Mafatlal gets 100% TDR for roads on its Chembur plot

MUMBAI: Clearing the decks for Mafatlal to redevelop its sprawling plot in Mahul in Chembur, the Bombay HC has directed the BMC to grant the company 100% Transfer Development Rights for the public roads it has constructed on the land. A division bench of Justice Anoop Mohta and Justice Ajay Gadkari struck down as illegal the corporation’s decision to revoke the letter of intent (LOI)—the initial clearance for the redevelopment project—granted to Mafatlal.
“(Mafatlal’s) entitlement just can’t be denied once it is established, and there are documents on record to show, that they completed work as required and accordingly handed over the site to the BMC’s officers,” said the judges. The BMC had claimed there was a delay in completing the road construction and now whatever was done by the company was unauthorized.
The HC, however, pointed out that the BMC itself had issued approvals for the road and after the company surrendered the civic amenity, the corporation had taken it over. “The submission of delay, latches and non-compliances within time, as sought to be contended, are also unacceptable as the BMC themselves granted the relevant completion certificate.”
Much of the 9,000-sqm Mahul plot is encroached by slums. Mafatlal, along with developer Eversmile, submitted a Slum Rehabilitation project in 2005 to rehabilitate the slum dwellers while also constructing buildings that could be sold in the open market. Under the Development Plan, there was provision for a 13.4m-wide public road through the land. As per the policy, Mafatlal constructed the road and even paid over Rs 54 lakh for sewer lines and other facilities. Following a 2009 Supreme Court judgment, Mafatlal sought 100% TDR for the public road it had constructed at its own cost.