In Brief
A property owner developed a public garden on reserved land and surrendered it to Mumbai's civic body. The civic body later rejected the owner's claim for additional development rights (Amenity TDR) for constructing the garden, claiming the owner had waived this statutory entitlement through an earlier agreement. The Supreme Court upheld the High Court's ruling that statutory compensation for property acquisition under the MRTP Act cannot be waived through contracts or executive conditions, especially given the unequal bargaining power between authorities and landowners. The Court held that delay cannot defeat claims for statutory compensation unless third-party rights are prejudiced. The civic body was ordered to grant the balance development rights within two months.
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