Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Land (Ceiling and Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Urban Land (Ceiling and Regulation) Act, 1976:s. 34 and proviso - Revision - Reasonable time limit for filing of Land declared as surplus - Possession taken - After about 20 years State Government, on a revision petition, holding land not covered under the Act and directing to release it - Meanwhile land developed as residential colony and houses and flats constructed thereon - HELD: For exercising revisional power, Government has to examine why applicant has not availed remedy of filing the appeal - It is also necessary to examine whether after a long lapse of time any action is warranted - Besides, the proviso to s. 34 mandates grant of reasonable opportunity of being heard to any person who is likely to be affected by the order - Natural justice.U.P. Urban Planning and Development Act, 1973:ss. 17 and 34 - Restoration of land on payment of development charges etc. - On land declared as surplus under 1976 Act, houses and flats for a residential colony constructed thereon - In revision after 20 years Government holding land not covered by 1976 Act - Some portion of land directed to be returned to land owners on payment of development charges etc. - HELD: Development charges and construction charges are statutorily imposable under the Act - ss. 17 and 34 of the Act are not dependent on the proceedings under 1976 Act - On land-owners agreeing to pay development and other charges as payable in law, direction given to release the unutilized vacant land as specified in the judgment - Urban Land (Ceiling and Regulation) Act, 1976 - s.34. Land admeasuring 8116.89 sq. mf:rs .. belonging to the respondents was declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 in the year 1977. But, by order dated 9.7.1998, passed by the State Government in a revision petition, the land was held to be agricultural land and beyond the purview of the 1976 Act, and, as such, was directed to be released. However, meanwhile the land was developed as a residential colony and flats and houses constructed thereon were allotted to various alllottees. On the application for restitution by the respondents, the Government agreed to return 3605 sq.mtrs. of land subject to payment of development charges and cost of construction. The High Court, in the writ petition filed by the respondents, held that the demand for development charges was illegal, arbitrary and unjustified, and directed the State Government and the appellant to return to the respondents 4511 sq.mtrs. of land in the vicinity of the land in dispute or to pay compensation at full market value. Aggrieved, the Development Authority filed the instant appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 990 |
Petitioner | Moradabad Development Authority |
Respondent | Saurabh Jain And Ors. |
SCR | [2007] 10 S.C.R. 443 |
Judgement Date | 2007-09-28 |
Case Number | 4329 |
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