NDLI: Madhya Pradesh Housing and Infrastructure Development Board and Another Vs. Vijay Bodana and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Madhya Pradesh Housing and Infrastructure Development Board Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (23 of 1973) Madhya Pradesh Housing and Infrastructure Development Board Act, 1972 (3 of 1972)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Madhya Pradesh Housing and Infrastructure Development Board Act 1972 – Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 – Modification of the layout plan – The appellant- board had developed a colony as per the layout plan sactioned by the T&CP in 1981 – Thereafter, the appellant sought for a modification of the layout plan approved by the Town and Country Planning (T&CP) and which was permissible under the provisions of the Adhiniyam – The Deputy Director, T&CP approved the modified layout plan vide order dated 24.09.2008 – The first and second respondents filed writ petition to quash and set aside the order approving the change in the layout plan – The High Court allowed the writ petition and applying the principle of promissory estoppel held that the appellant-board must develop the land according to the original plan shown to the allottees at the time of purchase – On appeal, held: The High Court misconstrued and misdirected itself by relying upon the principle of promissory estoppel to hold that once the layout plan is prepared the same cannot be modified or changed – The change or modification is permitted under the Adhiniyam, provided the modification/ change is in accordance with law i.e. as per the procedure, and satisfies the development norms and conditions of the development plans, zonal plans and town planning schemes – The modification cannot be struck down when the law permits such change which is in terms of the statute and the plans that have the force of law – As long as the layout plans conform to the development control norms, the Court would not substitute its own opinion as to what principle or policy would best serve greater Public or private interest – Further, it is not the case of the first and second respondents that the procedure, parameters and norms prescribed by the Adhiniyam was not followed or the development plan and zonal plan were violated – Therefore, the modification of the layout plan upheld. Delay/ Laches – The writ petition challenging the orders approving the modification of layout plan was filed nearly seven years after the approval for modification was granted– Meanwhile, 42 out of 52 plots were sold to third parties for consideration – Held: In the instant case, many of bonafide owner-purchasers had completed construction and some houses were in advanced stages of construction – Considerable delay and laches of nearly seven years in approaching the Court had resulted in a change in position as third-party rights were created – In view of delay and laches, the High Court should not have entertained the writ petition as 42 plot owners who had paid money would suffer adverse consequences for no fault of theirs – Madhya Pradesh Housing and Infrastructure Development Board Act, 1972 – Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2020 INSC 262
Petitioner	Madhya Pradesh Housing And Infrastructure Development Board And Another
Respondent	Vijay Bodana And Others
SCR	[2020] 3 S.C.R. 1207
Judgement Date	2020-03-04
Case Number	1998

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Madhya Pradesh Housing and Infrastructure Development Board and Another Vs. Vijay Bodana and Others

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