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    <title>2007 (2) TMI 664 - BOMBAY HIGH COURT</title>
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    <description>FSI/TDR treated as a benefit arising out of land and, on the interlocutory record, as capable of specific enforcement; the appellate court therefore preserved contractual protection over that component and set aside the clarification that had curtailed it. By contrast, the claimed right of way was only contractual, not based on easement of necessity or prescription, and the plot had independent access under the sanctioned subdivision plan; interim injunction on access was therefore refused and that discretion was upheld. The governing principle was that a discretionary interlocutory finding will not be disturbed unless it is shown to be perverse.</description>
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    <pubDate>Thu, 15 Feb 2007 00:00:00 +0530</pubDate>
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      <title>2007 (2) TMI 664 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=183679</link>
      <description>FSI/TDR treated as a benefit arising out of land and, on the interlocutory record, as capable of specific enforcement; the appellate court therefore preserved contractual protection over that component and set aside the clarification that had curtailed it. By contrast, the claimed right of way was only contractual, not based on easement of necessity or prescription, and the plot had independent access under the sanctioned subdivision plan; interim injunction on access was therefore refused and that discretion was upheld. The governing principle was that a discretionary interlocutory finding will not be disturbed unless it is shown to be perverse.</description>
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      <pubDate>Thu, 15 Feb 2007 00:00:00 +0530</pubDate>
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