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Urban planning

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Restricting to four floors the height of Wing ‘C’ (providing for public parking lot- ‘PPL’ for short) of the buildings being constructed on Plot No.46 of Town Planning Scheme-III, – Apex court – gave directions – Municipal Corporation of Greater Mumbai and Ors. … Appellants Versus Kohinoor CTNL Infrastructure Company Private Limited and another … Respondents = Published in judis.nic.in/supremecourt/filename=41115

Restricting to four floors the height of Wing ‘C’ (providing  for  public  parking  lot- ‘PPL’ for short) of the buildings being constructed on Plot  No.46  of  Town Planning Scheme-III, – Apex court – gave directions –   Division  Bench  of  the  Bombay  High  Court  whereby  Writ  Petition No.143/2012 filed by the respondents was  allowed,  and  which  quashed … Continue reading

Non allotment of site as per allotment letter even after 11 years after depositing entire amount for constructing Jain temple by Authorities on lame excuses is nothing but deficiency of service = 1. Punjab Urban Planning & Development Authority through its Chief Administrator, PUDA Bhawan, Sector-62, SAS Nagar, Mohali. 2. The Estate Officer, Punjab Urban Planning & Development Authority, SCO 41, Ladowali Road, Jalandhar(Now JDA) …Petitioners Versus Sh. Atmanand Jain Shabha (Regd.), Chowk Jain Mandir Bazar Kalan, Jalandhar, through its President …Respondent – published in http://164.100.72.12/ncdrcrep/judgement/00131010143146189RP24062407%202013.htm

Non allotment of site as per allotment letter even after 11 years after depositing entire amount for constructing Jain temple by Authorities on lame excuses is nothing but deficiency of service = District Consumer Disputes Redressal Forum,Jalandhar (for short, ‘District Forum’) vide its order dated 26.2.2007, allowed the complaint and passed the following directions; “We … Continue reading

Maharashtra Regional and Town Planning Act, 1966- whether reservation of the parcels of land owned by the respondents in the Regional plans/Development plans prepared under the Maharashtra Regional and Town Planning Act, 1966 (for short, ‘the 1966 Act’) will be deemed to have lapsed because the same were not acquired or no steps were commenced in that respect within six months of the service of notice under Section 127 of that Act. = in terms of Section 127 of the MRTP Act, if any land reserved, allotted or designated for any purpose specified is not acquired by agreement within 10 years from the date on which final regional plan or final development plan comes into force or if a declaration under sub-section (2) or (4) of Section 126 of the MRTP Act is not published in the Official Gazette within such period, the owner or any person interested in the land may serve notice upon such authority to that effect and if within 12 months from the date of service of such notice, the land is not acquired or no steps, as aforesaid, are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed and the land would become available to the owner for the purposes of development. The defaults, their consequences and even exceptions thereto have been specifically stated in the State Act. For a period of 11 years, the land would remain under reservation or designation, as the case may be, in terms of Section 127 of the MRTP Act (10 years + notice period). 134. However, if the provisions of Section 11-A of the Central Act were permitted to punctuate a scheme of the State Act and the award is not made within two years from the date of declaration under Section 6 of the Central Act, the acquisition proceedings will lapse which will frustrate the rights of the State as well as the scheme contemplated under Section 126 as well as Section 127 of the State Act and that would not be permissible in law. This being legislation by incorporation, the general reference to the provisions of the Land Acquisition Act shall stand excluded. Section 126(2) of the State Act refers to the manner of declaration as contemplated under Section 6 of the Land Acquisition Act but the legislature intentionally avoided making any reference to other features contained in Section 6 of the Central Act as well as the time-frame prescribed under that Act. On the contrary, proviso to Section 126(2) of the MRTP Act spells out its own time-frame whereafter such declaration cannot be made subject to the provisions of Section 126(4). The unamended provisions of Section 127 of the State Act though refer to the acquisition under the Land Acquisition Act but without making any reference to the time-frame prescribed under the said Act. In this section also, the specific time-frame and the consequences of default thereof have been stated. Sections 128 and 129 of the MRTP Act relate to acquiring land for the purpose other than for which it is designated in any plan or scheme and taking of possession of land in cases of urgency respectively. 138. The provisions relating to planned development of the State or any part thereof, read in conjunction with the object of the Act, show that different time-frames are required for initiation, finalisation and complete execution of such development plans. The period of 10 years stated in Section 127 of the MRTP Act, therefore, cannot be said to be arbitrary or unreasonable ex facie. If the provisions of Section 11-A of the Land Acquisition Act, with its serious consequence of lapsing of entire acquisition proceedings, are bodily lifted and read into the provisions of the MRTP Act, it is bound to frustrate the entire scheme and render it ineffective and uncertain. Keeping in view the consequence of Section 11-A of the Central Act, every development plan could stand frustrated only for the reason that period of two years has lapsed and it will tantamount to putting an end to the entire development process.” (emphasis supplied) 24. In our view, the observations contained in paragraph 133 of Girnar Traders (III) unequivocally support the majority judgment in Girnar Traders (II). 25. As a sequel to the above discussion, we hold that the majority 3Page 39 judgment in Girnar Traders (II) lays down correct law and does not require reconsideration by a larger Bench. We further hold that the orders impugned in these appeals are legally correct and do not call for interference by this Court. The appeals are accordingly dismissed.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2733 OF 2013 (Arising out of SLP(C) No. 9934 of 2009) Shrirampur Municipal Council, Shrirampur …Appellant Versus Satyabhamabai Bhimaji Dawkher and others …Respondents WITH CIVIL APPEAL NO.2735 OF 2013 (Arising out of SLP(C) NO. 8756 of 2009) CIVIL APPEAL NO.2736 OF 2013 … Continue reading

the complaint is barred by limitation and also it is a voluntary surrender of plot on his failure to pay required instalments=The petitioner was the complainant before the District Forum with the allegation that he was compelled to surrender the plot allotted to him by the respondent in view of HUDA’s failure to carry out the necessary development works. On the other hand, the HUDA pointed out that the complainant had voluntarily surrendered the plot under his letter dated 08.05.2003 and received the refund of Rs.1,80,723/- from the HUDA by cheque no. 1030653 dated 25.08.2003. There was no protest by the allottee/complainant. However, he filed a complaint on 14.09.2006 alleging that his surrender of the plot was not voluntary but due to the non-completion of necessary development works.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 4529 OF 2010 (From the order dated 05.07.2010 of the Haryana State Consumer Disputes Redressal Commission, Panchkula in First Appeal no. 2161 of 2006) Puran Chand Son of Jaisha Ram House no. 485, Ward 7 Near Gurdwara Bahi Sant Narain Singh                                  Petitioner Panipat, Haryana Through G.P.A holder Mukesh Kumar, son of Bihari Lal House no. 530, Sector 8 Panipat, Haryana versus 1. … Continue reading

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