https://www.taxtmi.com/caselaws?id=196916 Transferable development rights are treated as immovable property because they constitute a benefit arising out of land. On that basis, the Bombay High Court held that a public trust's proposed sale of TDR must be examined under Section 36(1)(c) of the Bombay Public Trusts Act, 1950, and permission under that provision is required. The earlier view that such permission was unnecessary could not stand, because the objections had been rejected on an incorrect statutory premise. The sale application and the objections therefore had to be reconsidered afresh on their own merits in the proper Section 36 framework. en-us Thu, 23 Jun 2011 00:00:00 +0530 Tue, 01 Aug 2023 09:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196916 Transferable development rights are treated as immovable property because they constitute a benefit arising out of land. On that basis, the Bombay High Court held that a public trust's proposed sale of TDR must be examined under Section 36(1)(c) of the Bombay Public Trusts Act, 1950, and permission under that provision is required. The earlier view that such permission was unnecessary could not stand, because the objections had been rejected on an incorrect statutory premise. The sale application and the objections therefore had to be reconsidered afresh on their own merits in the proper Section 36 framework. Case-Laws Indian Laws Thu, 23 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196916