Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966 not acquired by the Corporation Maharashtra Regional and Town Planning Act Private land earmarked for purpose of garden Municipal Corporation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Municipal Corporation: Maharashtra Regional and Town Planning Act, 1966: Private land earmarked Jo; purpose of garden in the development plan, not acquired by the Corporation-Proposal of owner of land for its de-reservation allowed-Challenged by residents of the area-High Court directing owner to find an alternate plot within 2 years and on failure to set aside de-reservation-Correctness of-Held, High Court erred in placing the burden on the owner of land-Development plan comprising of private land cannot be implemented unless such land is acquired-Corporation and Government having expressed their inability to acquire that land, cannot deprive the owner from using their private property development plan was prepared on 15.8.1986, whereunder Plot no. 438 in Salsibury Park, having area of 1.50 acres was earmarked as park and garden in order to promote ecology. Plot no. 438 was owned by respondent no. 3. She did not object to its reservation. Appellants bought this plot cheaply in Dec., 86. Thereafter, appellants initiated proposal for de-reserving this plot Government and Municipal Corporation expressed their inability to acquire this land for lack of funds, and thus de-reserved the plot by Notification dated 12.2.1993. This was challenged by residents .in a PIL Reliance was placed on Bangalore Medical Trust case*. The Municipal Corporation opposed on the ground that in Bangalore Medical Trust case*, there was prohibition to de-reserve while in the instant case there was no prohibition. High court on equitable consideration passed a conditional order on 4.9.1997 allowing the appellants to find out an alternate area in the vicinity for purposes of garden within 2 years, and on failure to quash the Notification. Appellants applied for clarification which was rejected on 8.9.1999. They appealed to Supreme Court against both these orders. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 260 |
Petitioner | Raju S. Jethmalani And Ors. |
Respondent | State Of Maharashtra And Ors. |
SCR | [2005] Supp. (1) S.C.R. 1 |
Judgement Date | 2005-05-05 |
Case Number | 8274 |
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