In Brief
Kukreja Construction and other developers owned land reserved under development plans for roads and public amenities. They surrendered the land and constructed the amenities at their own cost, but were granted only 25% additional development rights (TDR) instead of 100% claimed. After the Supreme Court's 2009 decision in Godrej & Boyce clarified entitlement to 100% TDR for amenity construction, many developers filed writ petitions. The High Court dismissed several on grounds of delay and laches, though allowing others on merits. The Supreme Court held that delay does not bar compensation claims when the legal right is determined; compensation is a constitutional obligation. It set aside dismissals based on delay and ordered consideration of all cases under the Godrej & Boyce principles.
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