Kukreja Construction Company vs State Of Maharashtra 2024 INSC 692 – Development Control Regulations for Greater Bombay

Summary: Disposing appeal, SC held: Bombay High Court was not right in dismissing the writ petitions on the ground of delay and laches -Question of delay and laches would not arise in matters such as the present cases. When relief in the nature of compensation is sought, as in the instant case, once the compensation is determined in the form of FSI/TDR, the same is payable even in the absence of there being any representation or request being made. In fact, a duty is cast on the State to pay compensation to the land losers as otherwise there would be a breach of Article 300-A of the Constitution- Directions issued.

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