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SURYA KANT, N. KOTISWAR SINGH
Indore Development Authority – Appellant
Versus
Laxmi Grih Nirman Sahakari Sanstha Maryadit – Respondent
| Table of Content |
|---|
| 1. ownership and usage of land for development. (Para 2 , 3 , 4 , 5) |
| 2. green belt as a public amenity. (Para 6 , 7 , 10 , 12 , 13) |
| 3. dual benefits from public amenities are prohibited. (Para 8 , 9 , 11) |
| 4. appeal allowed; writ petition dismissed. (Para 14 , 15 , 16) |
ORDER :
2. The controversy revolves around a strip of land measuring 2,405 sq. mtrs. This land, owned by the respondent-Society, has been utilized by the appellant-Authority to develop a green belt abutting the MR-11 Road in Indore.
2. Before construction of Group Housing building, after getting approved it’s Building Layout from the Municipal Corporation, it’s one copy shall have to be produced in this Office.
3. The area of each house to be constructed Group Housing Building, shall not be more than 40 Sq. Mtrs.
4. The allotment of Group Housing Building shall be done as per the instructions issued vide Order No. 1087/32/98, Bhopal dated 13th February, 198 of the Government of M.P., Housing & Environment Department.
5. First of all, the Society sha
Claims for compensation for land utilized as a public amenity are invalid if the land serves a community purpose and the claimants had agreed to its designation.
Land reserved for public purposes cannot be claimed by the landowner for private benefit unless formally acquired; it must be held in trust for public use.
The main legal point established in the judgment is that the provisions of Section 127 of the MRTP Act, 1966 apply to the designation of land as 'green belt' in the development plan, and the failure ....
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
Members of a society have the right to participate in legal disputes concerning land designated for communal use, even if not originally parties to the case.
Land designated for public amenities cannot be converted for private ownership; municipal authorities must act against unauthorized constructions to protect community interests.
The judgment establishes the principle that reserved open spaces in layouts cannot be used for any other purpose, emphasizing the public trust doctrine, the importance of preserving open spaces, and ....
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