Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Development Partnership (Developers) Firm |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Urban Development - Creation of partnership (Developers) Firm - As per the terms of Memorandum of Understanding (MOU) one of the partners (predecessor of the petitioners) was required to give 42,669.40 sq. mtrs. of land to the firm, for development - Out of the total land, 20903 sq. mfr. Of land given to him on perpetual lease with Floor Space Index (FSI) measuring 37865 sq. ft. which he was entitled to retain - Competent authority granted 'No objection Certificate' and 'Occupation Certificate' in respect of the entire land given on perpetual lease - Objection of petitioners to the grant of certificates - Held: Terms of the MOU entitled the petitioners to retain certain area out of the total land - Therefore neither the developers nor the retainers were entitled to claim the entire land - Hence 'No Objection Certificate' and 'Occupation Certificate' granted in favour of the developers is held valid - But the same shall not be valid or operative for the area of 37865 sq. ft. retained by the petitioners - Urban Land Ceiling and Regulation Act, 1976. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra |
Neutral Citation | 2013 INSC 742 |
Petitioner | Chanda C. Kadam & Ors. |
Respondent | Additional Collector & Competent Authority |
SCR | [2013] 14 S.C.R. 663 |
Judgement Date | 2013-11-01 |
Case Number | 16786 |
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