| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Karnataka Town and Country Planning Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Karnataka Town and Country Planning Act, 1961 –Development of Integrated Infrastructure Corridor and FinanceProject (IICFP) between Bangalore and Mysore, Karnataka,consisting of residential, industrial and commercial facilities –Framework Agreement (FWA) executed between State andrespondent no.1, followed by Supplementary agreements and aTripartite agreement between the State, respondent nos.1 & 2 (bothjointly called Project Proponents) – Modified development plansubmitted by Project Proponents for permission to set up grouphousing scheme at location other than those demarcated forTownships in the FWA and Infrastructure Corridor ProjectTechnical Report (PTR) – Eventually, the Planning Authorityrejected the modified plan – High Court quashed the saidcommunication; directed the Planning Authority to issueCommencement Certificate to the Project Proponents – Held: PTRsuggested creation of seven Townships but, in the final FWA, onlyfive Townships were approved – Project Proponents are obligedto construct the five Townships at the demarcated location(s) onlyand to the extent of land specified therefor in the PTR, whichapplies proprio vigore to the expression “Townships” in the FWA– Modified proposal submitted by the Project Proponents fordeveloping 42 acres 30 guntas of land as group housing schemewas not for setting up of Township as such – Neither the PTR northe FWA envisaged construction of standalone group housingscheme, that too at a location other than demarcated location(s)for five Townships – Thus, it was a clear case of deviation fromthe stipulations contained therein – To relax or modify the same,prior permission of the State was mandatory in terms of Article 7.1,FWA – No proposal for the same was submitted to the State by theProject Proponents – Further, Project Proponents could not havedirectly approached the Planning Authority for approval ofmodified proposal replete with deviations – Judgment of High Courtset aside – Project Proponents at liberty to approach the State forprior permission allowing them to deviate from the stipulations/specifications in the FWA and the PTR – Karnataka IndustrialAreas Development Act, 1966 – Acquiescence/Waiver. |
| Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
| Neutral Citation | 2020 INSC 399 |
| Petitioner | Bangalore Mysore Infrastructure Corridor Area Planning Authority & Anr. |
| Respondent | Nandi Infrastructure Corridor Enterprise Limited & Ors. |
| SCR | [2020] 8 S.C.R. 782 |
| Judgement Date | 2020-05-19 |
| Case Number | 2116-2128 |
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