Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Subordinate Legislation 1966 Development Control Regulations (DCR) N-24 Transferable Development Rights Maharashtra Regional and Town Planning Act Administrative Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Regional and Town Planning Act, 1966:Transferable Development Rights (TDR) under Development Control Regulations (DCR) N-24 - Land-shown by Housing Society as 'reserved for garden' in lay out plan submitted by it - Land acquired under Land Acquisition Act - Municipal Corporation resisting the claim stating that the land was not reserved for public purpose - Grant of TDR cannot be .confined only to lands which have been reserved in the development plan and not to lands acquired under Land Acquisition Act which land eventually becomes a part of the finally approved and sanctioned development plan - Rejection of the claim of respondent Society to TDR under MRTP Act read with DCR N-2.4. 17 is seriously flawed - The same is, therefore, set aside - Land Acquisition Act, 1894:Administrative Law:Subordinate Legislation - Development Control Regulations or amendment thereof are legislative functions - G. 0. dated 3. 2. 2007 issued u/s 154 is contrary to clear intent behind DCR N-2.4. 17 and, as such, cannot override DCR N- 2. 4. 17 - Maharashtra Regional and Town Planning Act, 1966 - s.154. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 697 |
Petitioner | Pune Municipal Corporation & Anr. |
Respondent | Kausarbag Coop. Housing Society Ltd. & Anr. |
SCR | [2014] 10 S.C.R. 843 |
Judgement Date | 2014-10-09 |
Case Number | 3008-3009 |
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