Landowner Waived Right by Contract, Claim Barred by Delay — (2026) INSC 517
The landowner voluntarily agreed in the LOI, Undertaking, and Maintenance Agreement not to claim additional amenity TDR in exchange for the right to maintain the garden for 20 years.
Brihanmumbai Municipal Corporation v. Vijay Nagar Apartments — (2026) INSC 517Core Argument
The landowner voluntarily agreed in the LOI, Undertaking, and Maintenance Agreement not to claim additional amenity TDR in exchange for the right to maintain the garden for 20 years. Having enjoyed that benefit, the landowner cannot now claim additional TDR after 17 years. The claim is barred by waiver, acquiescence, and delay.
Key Precedents
- Lachoo Mal v. Radhey Shyam (1971) 1 SCC 619 — Held that a mandatory provision made for the protection or benefit of a private individual can be waived by that person.
- Sita Ram Gupta v. Punjab National Bank (2008) 5 SCC 711 — Reaffirmed the principle of waiver of private rights.
- Bank of India v. O.P. Swarnakar (2003) 2 SCC 721 — Held that a party can waive a right that is for its benefit.
- Municipal Corpn., Greater Mumbai v. Century Textiles & Industries Ltd. (2025) 3 SCC 183 — Held that delay and laches are non-condonable in land acquisition matters.
- T. Vijayalakshmi v. Town Planning Member (2006) 8 SCC 502 — Held that development regulations applicable on the date of application must be applied.
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