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Supreme Court of India · 13/09/2024

KUKREJA CONSTRUCTION COMPANY & OTHERS versus STATE OF MAHARASHTRA & OTHERS

[2024] 9 S.C.R. 830 · 2024 INSC 692

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Summary

Landowners who surrendered land reserved for development-plan roads and built the roads at their own cost were held entitled to the balance additional FSI/TDR for the amenity under Section 126(1)(b) of the MRTP Act, 1966 as construed in Godrej & Boyce I. The Supreme Court set aside the High Court's dismissal of their writ petitions for delay and laches, because compensation once determined is payable without demand and the Corporation showed no prejudice or third-party rights, and dismissed the Corporation's appeals.

Issues

  1. Whether the High Court was right to refuse relief, on the ground of delay and laches or abandonment, to landowners claiming the balance 100% additional FSI/TDR for amenities (DP roads) built at their cost on surrendered land.
  2. Whether the appeals of the Municipal Corporation of Greater Mumbai against the High Court judgments granting such additional FSI/TDR called for interference.

Provisions considered

Held

Result

Appeals by the writ petitioners allowed; portions of the High Court order dated 18.12.2018 dismissing writ petitions for delay and laches set aside, and the Corporation directed to consider their cases in light of Godrej & Boyce I and release the balance FSI/TDR (for Kukreja Construction, after examining the amenities built) within three months; the Corporation's appeals dismissed with the balance FSI/TDR to be released to those respondents within three months; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 830.