Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966 Maharashtra Regional and Town Planning Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Maharashtra Regional and Town Planning Act, 1966Municipal area-Residential plots-Allotment of-In violation of Regulations-Regulations provided for the allotment of plots either by public advertisement or at a fixed price for co-operative housing societies or on individual applications-The plots in question were cornered by builders who set up dummy societies to acquire the plots and to raise constructions thereon, which would be used both for residential and commercial purposes, thereby making large gains for themselves and defrauding the City and Industrial Development Corporation (CIDCO)-The plots were initially allotted to 6 allottees, each being allotted one plot at a fixed price-The said plots were amalgamated into one plot-It was alleged that none of these societies were genuine housing societies and were dummy creations of a Developer-The High Court arrived at the conclusion that the allotments made in favour of the 6 allottees were liable to be quashed and there was no question of regularizing the same-The High Court stopped further constructions and held that the entire construction on the plots in question was to stand forfeited and vested in CIDCO-The alternate prayer made for obtaining a fresh valuation and compensating CIDCO to the extent of its losses, if any, was not granted-Correctness of-Held: The directions given for forfeiture of the land and the constructions raised thereupon were unrealistic, particularly when an alternate prayer had been made for a fresh valuation of the plots for the purpose of compensating CIDCO in the event the plots were found to have been undervalued-The State Government is directed to cause a fresh valuation of all the plots in question as on the date on which the allotments were made-In the event the value is found to be higher than that paid by the allottees, the difference in value will be paid by the allottees within one month of the demand being made for payment of the same-Once such valuation is effected and payment, if any, is made, the allottees will be entitled to continue with the construction work-High Court judgment set aside-CIDCO (lease of land to Co-operative Housing Society) Regulations, 1995-New Bombay Disposal of lands Regulations, 1975. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2007 INSC 92 |
Petitioner | Amey Co-op. Housing Society Ltd. |
Respondent | Public Concern For Governance Trust And Ors. |
SCR | [2007] 2 S.C.R. 80 |
Judgement Date | 2007-02-01 |
Case Number | 408 |
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