Denial of Refund of Unused Additional FSI Premium for Housing Projects Is Arbitrary Under the MRTP Act: Supreme Court
The Supreme Court has recently held that landowners and developers cannot be denied a refund of the premium paid for unutilized additional Floor Space Index (FSI) solely because there is no specific legal provision expressly providing for such a refund. The Court emphasized that withholding the refund in such cases is arbitrary and violates the constitutional principle of equality under Article 14. This decision clarifies the rights of property owners…