GODREJ AND BOYCE MANUFACTURING COMPANY v. THE MUNICIPAL CORPORATION OF GREATER MUMBAI & Ors.

2.7 Unfortunately for the appellants, whatever they had done through their Architects up to the date of handing over possession and getting the DRC, was not projected by them as the development of amenity. If all those activities up to the date of handing over possession constituted development of amenity, there was no necessity for appellant No.1 to give PoA to appellant No.2 to undertake the activity of development of amenity and to seek Additional TDR. If the work of development of amenity and the lodging of a claim for additional TDR had been undertaken only after Mayfair Housing entered into the picture, then the appellants became bound by the condition laid down by the Corporation that appellant No.2 will not be entitled to Additional TDR. The High Court was right in recording a finding of fact that the appellants did not develop the amenity so as to be entitled to additional TDR. Once the finding of fact made by the High Court in this regard is upheld, the appeal should automatically meet with the fate that it deserves. [Para 46, 47][84-B-D; E]