Maharashtra Regional and Town Planning Act, 1966 (Maharashtra Act No. XXXVII of 1966), Section 2, 126(1) -- Development Control Regulations for Greater Bombay, 1991, Regulation 3(7), 33, 34 -- Constitution of India, Article 300A – Compensation for surrendering land and developing amenities -- Abandonment of claim -- Delay and laches – Writ petitioners constructed Development Plan Roads at their own cost and voluntarily surrendered the reserved lands to the Mumbai Municipal Corporation – Writ petitioners were granted Floor Space Index (FSI) and/or Transferrable Development Rights (TDR) in the form of Development Rights Certificates (DRC) equal to the gross area of the plots surrendered by them – Writ dismissed on delay and laches by High Court.

-- Held, 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 -- Neither the doctrine of delay and laches nor the principle of abandonment of claim or waiver would apply in these cases.

(Para 2, 4.13, 18)