Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Development-Auction sale of land for construction thereon- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Urban Development-Auction sale of land for construction thereon-Surrender of certain extent from the land for widening of road-In lieu thereof benefit of floor area ratio given to purchaser as 1.0-Subsequently floor area ratio extended to 1.75 by Building Bye-laws-Demand of extended floor area ratio by the purchaser-Rejection thereof-Challenged-Courts below directing the State to give the benefit of extended floor area-On appeal, held: The purchaser being the auction purchaser was not entitled to the benefit of extended floor area ratio in view of Bye-Law 19.8-Jaipur Development Authority (Jaipur Region) Building Bye-Laws 2000-Bye-Law 19.8.First respondent, purchased a property in auction by the State Government for the purpose of construction of a hotel. As per the Sale Deed, out of the total extent, an extent of certain area was required to be surrendered by the purchaser free of cost for widening of an existing road and in lieu of that, purchaser would be given the benefit of the floor area ratio calculated on the basis of original plot size. Floor area ratio was given as 1.0. Sale deed also stipulated that consequent to any change in Building bye-laws framed by the local authorities, if the purchaser got additional floor area ratio or any relaxation, State would have no objection, provided the same were permissible by the prevailing bye-laws. In the meantime, new Building Bye-Laws Jaipur Development Authority, Jaipur Region Building Bye-Laws 2000 were promulgated fixing the floor area ratio as 1.75. State rejected the claim of the purchaser relying on bye-law 19.8 which stipulated that for the plots sold in auction, parameters would remain the same as specified at the time of auction. Respondent challenged the order in Writ Petition. Single Judge of High Court allowed the Writ Petition directing the State to grant benefit of additional floor area ratio to the purchasers. In Writ appeal, order of Single Judge was upheld by Division Bench of High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2007 INSC 36 |
Petitioner | State Of Rajasthan & Anr. |
Respondent | H.v. Hotels Pvt. Ltd. &anr. |
SCR | [2007] 1 S.C.R. 868 |
Judgement Date | 2007-01-12 |
Case Number | 176 |
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