Conveyance for Row Housing Society in TDR-Utilized Common Layout
The petitioner is the developer / promoter of integrated project of multiple residential buildings, row houses, common amenities and infrastructure, sanctioned under the common lay out.
The respondent no.2 is the society of 12 row houses.
The Authority has granted deemed conveyance for the land of 929.84 sq.mts including 788.63 sq.mts of exclusive plot area and 141.21 sq.mts of proportionate recreational ground.
However, relying on the Government Resolution dated 23.6.2018, the developer has objected to the said certificate on the ground that when the TDR is utilized, conveyance can be granted only of plinth and appurtenant area.
Conveyance of Plinth and Appurtenant Area when TDR is utilized in construction of buildings in the layout
whether the principle of land division proportionate to built-up area utilised in construction of buildings in the layout can also be followed in a given case where use of TDR is not restricted to a particular building and TDR is distributed across all buildings in the layout.
It must also be noted that it is impracticable to grant conveyance of only plinth or appurtenant area to Respondent No.2 Society in the unique facts of the present case. Respondent No.2-Society comprises of 12 row houses. It does not comprise of a singular building for considering conveyance of only plinth and appurtenant areas. Therefore, it is otherwise impossible to convey only plinth or appurtenant areas in respect of each row house in favour of the Society.
the first endeavour of the Competent Authority must be towards proportionate land division. Where TDR is distributed across many buildings the principle of conveyance of land proportionate to the BUA utilised in each building must necessarily be followed. In a case where TDR is used only for construction of some of the buildings in the layout, an endeavour can be made by the Competent Authority to examine whether BUA corresponding to only base FSI for all buildings can be taken into consideration for proportionate land division.
Judgment dated 25.6.2026 of the High Court of Bombay in Writ Petition No.3530 of 2026 of Neelkanth Masions & Infrastructure Private Limited Vs. The District Deputy Registrar, Cooperative Societies, Thane & Others
