Supreme Court upholds land use condition
ECONOMY & POLICY

Supreme Court upholds land use condition

The Supreme Court has ruled that a government condition requiring landowners to provide a portion of land for public utility purposes in exchange for permission to change the land's use is not illegal. The court's decision overturned a judgment by the Bombay High Court. The Supreme Court cited a previous case to support its decision, stating that such a clause cannot be considered illegal. The ruling came in response to a set of appeals challenging a judgment by the Bombay High Court. The appeals were filed by Shirdi Nagar Panchayat. The case involved the conversion of land from a "No Development Zone" to a "Residential Zone," with conditions requiring the transfer of open and amenity spaces to the Municipal Council.

The Supreme Court stated, "We, therefore, allow the appeals and quash and set aside the impugned common judgment and order dated 4th July 2019 passed by the High Court. The writ petition filed by the plot holders also shall stand dismissed."

The case had involved a dispute over the conversion of land use and the conditions set by the government for the transfer of open and amenity spaces to the Municipal Council. The High Court had partially allowed the writ petition filed by the plot holders and quashed certain conditions in the government notification regarding open and amenity spaces.

The Supreme Court clarified the distinction between open space and amenity space, stating that the landowners had entered into agreements with the Municipal Council, agreeing to hand over both open and amenity spaces. The court emphasised that the delay and laches in challenging the notification after almost 14 years were not justified, and the writ petition should have been dismissed on those grounds.

Redefine the future of urban mobility! Join us at the Metro Rail Conference 2025 to explore groundbreaking ideas and insights. 👉 Register today!

The Supreme Court has ruled that a government condition requiring landowners to provide a portion of land for public utility purposes in exchange for permission to change the land's use is not illegal. The court's decision overturned a judgment by the Bombay High Court. The Supreme Court cited a previous case to support its decision, stating that such a clause cannot be considered illegal. The ruling came in response to a set of appeals challenging a judgment by the Bombay High Court. The appeals were filed by Shirdi Nagar Panchayat. The case involved the conversion of land from a No Development Zone to a Residential Zone, with conditions requiring the transfer of open and amenity spaces to the Municipal Council. The Supreme Court stated, We, therefore, allow the appeals and quash and set aside the impugned common judgment and order dated 4th July 2019 passed by the High Court. The writ petition filed by the plot holders also shall stand dismissed. The case had involved a dispute over the conversion of land use and the conditions set by the government for the transfer of open and amenity spaces to the Municipal Council. The High Court had partially allowed the writ petition filed by the plot holders and quashed certain conditions in the government notification regarding open and amenity spaces. The Supreme Court clarified the distinction between open space and amenity space, stating that the landowners had entered into agreements with the Municipal Council, agreeing to hand over both open and amenity spaces. The court emphasised that the delay and laches in challenging the notification after almost 14 years were not justified, and the writ petition should have been dismissed on those grounds.

Next Story
Real Estate

Colliers India Transacts 207,000 sq ft office space at Embassy TechVillage

Embassy Office Parks REIT, India’s first listed REIT and the largest office REIT in Asia by area, announced that it has signed an Agreement to Lease (‘ATL’) with global cyber security company Rubrik at Embassy TechVillage in Bengaluru.Colliers, a leading global diversified professional services company, specialising in commercial real estate services, engineering consultancy and investment management facilitated the transaction for Rubrik.Located on Bengaluru’s Outer Ring Road, Embassy TechVillage is one of Embassy REIT’s flagship office parks which offers world-class office spaces, ..

Next Story
Infrastructure Urban

Ensemble Infrastructure India Appoints Suman Saha as Director of Design

Ensemble Infrastructure India Ltd, a leading workplace design and build fit-out company, has appointed Suman Saha as its new Director of Design. With 25 years of experience in the industry, Suman is recognized for his innovative approach and excellence in design leadership.Working closely with the CEO, Suman’s appointment will enhance the company’s design communication across multiple touchpoints, ensuring smooth collaboration between clients, designers, and execution teams for superior project outcomes. Under his guidance, Ensemble will focus on creating workspaces and design labs that em..

Next Story
Products

Ribbon Vanity by Küche7: Fluid Design Meets Everyday Elegance

Küche7, pioneers in luxury stainless steel kitchens, have unveiled the Ribbon Vanity, a graceful creation that transforms bathroom spaces with its soft, flowing design and understated sophistication. Inspired by the fluid form of a ribbon, this vanity combines smooth finishes, clean lines, and gentle curves, offering a timeless aesthetic that seamlessly complements diverse interior styles.Available in a refined blush pink hue, the Ribbon Vanity effortlessly merges functionality with elegance. With thoughtfully designed storage options, it ensures that bathroom essentials are neatly organised ..

Hi There!

"Now get regular updates from CW Magazine on WhatsApp!

Join the CW WhatsApp channel for the latest news, industry events, expert insights, and project updates from the construction and infrastructure industry.

Click the link below to join"

+91 81086 03000