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2015 (8) TMI 1495 - HC - Indian LawsGrant of licences and/or the change of land use - grant of license in anarbitrary manner and for illegal consideration - HELD THAT:- There are no merit in the argument that the grant of licence on the basis of first come first serve basis is fair, reasonable or transparent method. It is wholly immaterial that the licence is sought in respect of the land owned by them. The fact is that without licence, the Group Housing cannot be set up. The licence is a pre-requisite condition to develop a colony which is a privilege granted by the State and is largesse. In the absence of a licence, a land owner continues to be owner of the land. There is no compulsion for him to change the land use or to set up a colony, but once it is proposed to set up a colony, then the statutory conditions, pre-requisite for grant of a licence, are to be satisfied. The principle of first come first served basis has led to an unholy race. The petitioners submitted their application dated 10.9.2010 which was received on 13.09.2010 soon after the finalization of the lay out plan on 25.08.2010. Some of the other aspirants submitted applications for licences on the day the Draft Development Plan was published on 4.10.2010. We find that the public notice does not give any starting time for submission of an application nor the last date. It is an open ended scheme. Any applicant can apply at any point of time. Such application would be considered if the density is available. It does not take into consideration as to whether the external developments have been completed or shall be completed by the time the constructed apartments in the Group Housing shall be offered for possession. Since the licences have been granted on the basis of the doctrine of first come first served basis, which is not a fair, reasonable and transparent method, the licences granted to the private respondents, cannot be sustained - the licences granted to respondent Nos. 4 to 7 are cancelled - Petition allowed.
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