Supreme Court upheld High Court order granting additional amenity TDR to Vijay Nagar Apartments, rejecting BMC's delay and waiver arguments.
Court held Section 126(1)(b) of the MRTP Act entitles the landowner to compensation for garden amenity, and delay/laches cannot bar the claim.
BMC directed to release the balance FSI/TDR to the landowner within two months as per the High Court’s directions.
Judgment emphasized that contractual conditions cannot override statutory compensation rights under Article 300A.