Supreme Court upholds land use condition

29 Sep 2023 CW Team

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.

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