State Obligation to Compensate for Land Reserved Under Development Plans Despite Delay and Laches
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Case: ZAL SAM COOPER v. THE STATE OF MAHARASHTRA AND ORS
Court: Bombay High Court
Date: 07-07-2026
Law: Maharashtra Regional and Town Planning Act, Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, Constitution of India.
Highlights of the Judgment:
- Examination of the state's obligation to compensate for land reserved under a Development Plan.
- Interpretation of Sections 125 and 126 of the Maharashtra Regional and Town Planning Act, 1966.
- Application of the doctrine of laches versus continuing cause of action in land disputes.
- Analysis of Article 300A regarding the deprivation of property without due process of law.
- Judicial distinction between private layout sanctions and statutory reservations for public infrastructure.
- Discussion on the human right status of property ownership per Supreme Court precedents.
- Rejection of fiscal burden as a valid defense for denying statutory compensation.