HC dismisses PIL challenging TDR
Mumbai, Nov 20 (UNI) The Bombay High Court today dismissed a public interest litigation, filed by Janhit Manch -- a non governmental organisation, challenging the Transfer of Development Rights (TDR).
The PIL had sought to challenge the state government's TDR policy on the grounds that indiscriminate use of the same will burden suburbs without creating adequate infrastructure like drainage and roads.
However, State Advocate General Ravi Kadam told the court that owing to scarcity of funds with Brihanmumbai Municipal Corporation (BMC), TDR was the best option to carry out development projects like slum rehabilitation and heritage conservation.
The State Advocate General told the court that TDR was in accordance with law and necessary for social justice.
A division bench comprising justices F I Rebello and D Y Chandrachud held that even though infrastructural facilities under TDR may be lacking, but it was necessary to attain the objective of slum rehabilitation.
The court observed that TDR is applicable only in the city's suburbs. It is a right to develop that is conferred upon builders in lieu of land surrendered to the state or civic body for public use such as roads, playgrounds or schools and even for slum rehabilitation projects.
UNI ARM MAZ VD KP2047