Statutory Right to Additional TDR Cannot Be Waived or Barred by Delay — (2026) INSC 517
The right to additional amenity TDR under Section 126(1)(b) of the MRTP Act is a statutory right that is a manifestation of Article 300A.
Brihanmumbai Municipal Corporation v. Vijay Nagar Apartments — (2026) INSC 517Core Argument
The right to additional amenity TDR under Section 126(1)(b) of the MRTP Act is a statutory right that is a manifestation of Article 300A. It cannot be waived by agreement, especially when the condition was imposed as a pre-requisite under unequal bargaining power. The claim is not barred by delay because compensation is a continuing cause of action and the State has a duty to pay under Article 300A.
Key Precedents
- Godrej & Boyce Mfg. Co. Ltd. v. State of Maharashtra (2009) 5 SCC 24 — Held that no conditions beyond those in the statute can be imposed; the landowner cannot be made to waive statutory rights; the mutual rights and obligations are enumerated in the statute.
- Kukreja Construction Company v. State of Maharashtra (2024) 14 SCC 594 — Held that compensation is payable without a representation; delay and laches do not bar claims for statutory compensation; a duty is cast on the State under Article 300A.
- Godrej & Boyce Mfg. Co. Ltd. v. Municipal Corpn. of Greater Mumbai (2023) 15 SCC 110 — Held that when the law is unclear, the right to claim additional TDR is in suspended animation; waiting does not amount to abandonment.
- Kolkata Municipal Corpn. v. Bimal Kumar Shah (2024) 10 SCC 533 — Held that Article 300A includes the right to fair compensation; the State has a duty to pay proactively.
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