Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Regional and Town Planning Act, 1966 (37 of 1966) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: The High Court by order dated 04.07.2019 partly allowed the petition fi led by the respondents/landowners challenging the notifi cation dated 18.08.2004, whereby respondents’/landowners’ land was converted to ‘residential/commercial zone’ from ‘no development/green zone’, subject to appellant’s receiving 10% as ‘amenity space’ and 10% as ‘open space’ of the total land area. Land Use Conversion – Land owners and plot holders contended that the ownership of the ‘open space’ and the ‘amenity space’ vest in the landowners/plot holders and as such, order of the High Court needs no interference: Held: The High Court was right in holding that insofar as ‘open space’ is concerned, it was required to be kept as ‘open space’ for use by the plot holders – However, insofar as the ‘amenity space’ is concerned, the High Court mixed it with the ‘open space’– It was to be handed over to the Municipal Council as one of the pre-conditions for converting the land from a ‘No Development Zone’ to a ‘Residential Zone’ – Not only that, but acting on the said Notifi cation, the landowners entered into more than one agreement with the Municipal Council, thereby agreeing to hand over the ‘open space’ as well as the ‘amenity space’ to the Municipal Council – In the instant case, insofar as the compulsory reserved land is concerned, it pertains to ‘open space’ and there is no need to interfere with the fi nding of the High Court in that regard – However, as far as the ‘amenity space’ is concerned, it was on the basis of the conditions imposed by the State of Maharashtra while converting the land, which was reserved for a ‘nonresidential’ purpose, to a ‘residential’ purpose – The landowners not only accepted the said condition but also acting on the basis of the same entered into more than one agreement with the Municipal Council transferring the ‘amenity space’ in favour of the Municipal Council – If a Government gives the benefi t of development of land concerned with permission to sub-divide the same and uses it for commercial purpose and it, in turn, requires the landowner to handover part of land free of cost for public utility purpose, such a clause cannot be held to be illegal – As such, the High Court has grossly erred in allowing the writ petitions – Judgment and order dated 04.07.2019 passed by the High Court set aside. [Paras 20, 21, 22 and 23] |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 851 |
Petitioner | Shirdi Nagar Panchayat |
Respondent | Kishor Sharad Borawake And Others |
SCR | [2023] 12 S.C.R. 545 |
Judgement Date | 2023-09-22 |
Case Number | 6087 |
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