As Condition To Relax Zoning Restriction, Govt Can Ask Land Owners To Transfer A Portion Free Of Cost For Public Utility : Supreme Court
Live LawThe Supreme Court has that a condition imposed by the Government that the land owner should handover a part of land free of cost for public utility purpose in return of the permission granted for converting the nature of the use of the land cannot be held illegal. The court thus quashed the Bombay High Court’s order restricting the Municipal Council from changing the use of the land reserved as ‘amenity space’ except for the beneficial enjoyment of the residential plot holders. Later, in 2006, the landowners executed an agreement with the Municipal Council, assigning and giving possession of certain land as ‘open space’ and as ‘amenity space’, in accordance with the 2004 Government Notification. The High Court restricted the Municipal Council from changing the use of the land of ‘open space’ and ‘amenity space’ except for the beneficial enjoyment of residential plot holders. The court noted that on 12th January 2007, the Municipal Council also sanctioned a layout in favour of the landowners, showing the lands reserved for ‘internal road’, ‘open space’, and ‘amenity space’.
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