In Brief
Satellite Developers Ltd. owned land in Mumbai partially reserved under the Draft Development Plan for a recreation ground. After serving a statutory lapsing notice under Section 127 of the Maharashtra Regional and Town Planning Act but then pursuing acquisition compensation, the developer was deemed to have waived the lapsing claim. The High Court refused de-reservation relief but directed acquisition and award of compensation. On appeal, the Supreme Court, finding Municipal Corporation default and given the constructive approach of both parties, allowed the developer to retain 60% of the land (transferring 40% as a recreation garden to the Planning Authority free of cost) with full development rights, under the State's 70/30 policy framework, modified in the owner's favour."
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