When a developer receives development approval from the Brihanmumbai Municipal Corporation (BMC) to build residential, commercial buildings, or complexes, several laws govern the right to entry and exit for owners of those buildings and flats. 
The land rights, including access roads and common areas, can either remain private or become public depending on certain factors and legal provisions. 
Here’s how this is determined under the BMC Act, Development Control Regulations (DCR), and related rules: 

1. BMC Development Approval Process: - 
   BMC Approval and Development Plan: - When a developer submits a proposal for the construction of residential or commercial complexes, BMC evaluates it based on the Development Control Regulations (DCR), which ensure that adequate infrastructure such as roads, utilities, and open spaces are provided. - Once the building plan is approved, the construction is carried out in accordance with the sanctioned plan. During this process, the BMC may specify certain conditions related to access roads and common areas.
2. Private Roads vs. Public Roads: - 
   - Private Roads: - If the land on which the building or complex is developed includes private roads, and these roads are not handed over to the BMC or dedicated as public roads, they remain private. - In such cases, access to these roads is governed by the developer or, once formed, the society. The ownership and maintenance of these roads fall under the responsibility of the builder or the cooperative society formed after the handover. 
   - Public Roads: - If the access road or land is dedicated to the BMC as part of the development approval process, it becomes a public road, and access cannot be restricted by the builder or the cooperative society.
   - BMC is then responsible for the maintenance, repair, and upkeep of the road, and it becomes accessible to all, including residents, visitors, and the general public.
3. Cooperative Society Formation and Management: 
   - Under MOFA (Maharashtra Ownership Flats Act, 1963), once the developer has sold the flats and completed the project, they are required to facilitate the formation of a Cooperative Society for the management of the building. 
   - After the society is formed and the conveyance deed is executed, the ownership of common areas such as internal roads, open spaces, and other amenities is transferred to the society. These areas become private to the society members unless they are explicitly handed over to the BMC as public amenities.
4. Implication for Entry & Exit Rights: 
   - Private Land/Access Rights: 
5. Transfer of Development Rights (TDR): 
   In some cases, as part of the development approval process, the builder may be required to surrender a portion of the land (such as roads or open spaces) to the BMC in exchange for Transfer of Development Rights (TDR). When this happens: 
   
   
    
    

Developer Plan on Private Estate