Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

RAJENDRA SHANKAR SHUKLA & ORS. ETC Versus STATE OF CHHATTISGARH & ORS. ETC.

Validity of the Town Development Scheme, namely, ‘Kamal Vihar Township Development Scheme - Held that:- The Scheme was finalised on 26.5.2010, by which date, no land had been acquired by Respondent No. 2- RDA nor any piece of land vested in it. Plots are being earmarked only on paper and such ‘on paper’ allotment of plots have been done by Respondent No. 2- RDA. Therefore, we are of the opinion that due to the change in the scope of the project, Respondent No. 2- RDA was required to seek sanctio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

15 (Arising Out of SLP (C) Nos.30942-30943 of 2014) WITH CIVIL APPEAL NOS. 5771-5775 OF 2015 (Arising Out of SLP (C) Nos.30049-30053 of 2014) - Dated:- 29-7-2015 - GOPALA GOWDA, V. AND NAGAPPAN, C., JJ. JUDGEMENT V. GOPALA GOWDA, J. Leave granted. 2. The appellants-land owners have filed the present group of appeals challenging the common impugned judgment and order dated 16.6.2014 passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur, in Writ Appeal Nos.379, 380, 381, 382, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and Dunda of Raipur District in Chhattisgarh State. The respondent No.2-Raipur Development Authority (RDA) was established under Section 38(1) of the M.P. (C.G.) Nagar Thatha Gram Nivesh Adhiniyam, 1973 (for short the Act of 1973 ). The KVTDS was planned by the respondent No.2 - RDA while discharging its functions under Section 38(2) of the Act of 1973. Though the KVTDS initially started as a small Town Development Scheme, it subsequently included the aforesaid five villages in Raipur within it .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

fication, the Board of respondent No.2-RDA, increased the area of the integrated Township Scheme from 416.93 acres to 2300 acres which resulted in the inclusion of the lands of the appellants herein. At present, the said Scheme has a total project area of 647.84 Hect., out of which the area available for development is 610.46 Hect. While 482.29 Hect. of the total land is private land, 128.17 Hect. is government land. 5. According to the development plan, in the above area of 647.84 Hect., furthe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

under Section 56 of the Act of 1973. 6. The RDA planned to develop the land and hand over about 35% of the developed plot to the land owners without charging any contribution/incremental cost from them in return for their acquired land for the development of the KVTDS under Section 56 of the Act of 1973. The remaining area of their undeveloped plot would be retained and subsequently, may go to the other land owners or may be utilized for constructing other facilities under the development Scheme .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

High Court of Chhattisgarh at Bilaspur, after considering the facts, circumstances and evidence on record of the cases, upheld the validity of the KVTDS planned by the RDA and dismissed the appeals on the ground that the same were devoid of merit. Hence, the present appeals. 8. We have heard the learned senior counsel for both the parties. On the basis of the factual circumstance and evidence on record produced before us and also in the light of the rival legal contentions raised by the learned .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the Act of 1973? Whether the subsequent alteration of land acquired, is in consonance with the provisions of the Act? (3) Whether the Town Development Scheme framed in the present case by the respondent No.2-RDA, in the absence of a zonal plan, is legal and valid? (4) Whether the Act of 1973 authorises the Town Planning and Development Authority to reconstitute the plots and change the land use apart from public utility? (5) Whether the proposal of the RDA to return 35% of the area of the lan .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

views of the Panchayat and the District Planning Committee which are constitutionally authorized to undertake the task of framing Scheme. It was argued by Mr. Gopal Subramaniam, learned senior counsel on behalf of the appellants that the Respondent No. 2- RDA had assumed the role of town planning authority by proposing and framing KVTDS with land use which is different from the one prescribed in the Raipur Master Plan (Revised) 2021. In fact, the proposal made by Respondent No. 2- RDA defined sp .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

h is the constitutionally empowered body to carry out social and economic planning for a District. 10. The 73rd and 74th Amendments were inserted in the Constitution of India with the avowed object and intention of strengthening the local self-governance both at the village and District level. It was argued by the learned senior counsel Mr. Gopal Subramaniam that self-governance was very much a part of the Indian society historically. In support of his contention, he relied upon the words of Sir .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the village communities, each one forming a separate little state, in itself, has I conceive, contributed more than any other cause to the preservation of the people of India, through all the revolutions and changes which they have suffered, and is in a high degree conducive to their enjoyment of a great portion of freedom and independence (1 Report of the Select Committee of House of Commons. 1832 Vol. III p. 331 as quoted in T.N. Srivastava, Local Self Governance and the Constitution, EPW .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ial biases and prejudices. With this biases and prejudices, it was apprehended that India, at the time during the drafting of the Constitution, were not suited to be ruled at village and panchayat level. On the other hand, Dr. Ambedkar proposed that there should be a strong Centre governed by the Rule of Law for the administration of the country. Formal inclusion of the panchayats in the constitutional system was deferred for a later time since the framers of the Constitution deemed it fit to in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in the Constituent Assembly reposed their faith on the potential of village panchayats and were of the opinion that self-governance at local level is the only way forward to realize Swaraj for our country. Shri Ananthasayanam Ayyangar, the member of the Constituent Assembly, presented his opinion on village panchayats before the Assembly which is recorded as under: But who are these republics? They have to be brought into existence…..Therefore, I would advise that in the directives, a cla .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nclude the powers to be vested on the Municipal corporations, Improvement Trusts, Authorities, Mining Settlement Authorities, District Boards and other local authorities for the purpose of village administration and the local self-governance. The constitutional amendment in 1992-93 through the 73rd and 74th Amendment Act provided for uniformity in the structure in terms of three-tier local governments at the District (Zila Parishads- ZPs), Block (Panchayat Samitis-PS) and Village levels (Gram Pa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uences. This schedule includes key functions such as agriculture, drinking water, education, irrigation, poverty alleviation, primary, secondary and adult education, roads and rural electrification and maintenance of community assets. 12. It is further submitted by the learned senior counsel, Mr. Gopal Subramaniam that as per Article 243 G(1), the authority to prepare plans for economic development and social justice has been vested with the Gram Panchayat. Articles 243W and 243ZF have also been .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Constitution is extracted hereunder: 243ZD. (1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole. (2) The Legislature of a State may, by law, make provision with respect to- (a) the composition of the District Planning Committees; (b) the manner in which the seats in such Committees shall be fi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

be chosen. (3) Every District Planning Committee shall, in preparing the draft development plan,- (a) have regard to- (i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (ii) the extent and type of available resources whether financial or otherwise; (b) consult such institutions and organisations as the Govern .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Municipalities existing immediately before the commencement shall continue till the expiration of their duration, unless sooner dissolved by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

process to give effect to the legislative intendment. Section 7 of the Act of 1995 provides for functions of the DPC as has been prescribed by the Constitution. The Constitution under Article 243ZD directs setting up of a DPC to consolidate the plans prepared by Panchayats and Municipalities in the Districts and to prepare a draft development plan for district as a whole and the Director of every DPC shall forward such development plans as recommended by the Committee to the government of the S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Subramaniam, relied upon a decision of the Bombay High Court in the case of Charan v. State of Maharashtra (2012 (4) Bom CR 40 at para 22- 23) wherein it was held as under: 22. Article 243 of the Constitution of India defines - District, Gram Sabha, Panchayat, Panchayat Area and Village. Article 243G requires legislature of State to make Law to bestow upon Panchayat powers and authority to enable them to function, as institutions of self- government. It may inter-alia provide for preparation of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing Committee. It's purpose is to consolidate the plans prepared by the Panchayats and the Municipalities in Districts and to prepare a draft development plan for district as a whole. Article 243P defines Municipalities. Definition of District in Articles 243P and 243, as also definition of Panchayat in both the Articles is, identical. The purpose of Article 243ZD therefore, appears to have a committee to effectively amalgate together separate plans prepared by the Panchayats and Municipalit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

evel and of the municipalities in districts. The law made by the State Legislature may assign to such committees function relating to district planning. Article 243-ZD [3] obliges the DPC to prepare a draft development plan having regard to the matters of common interest between the Panchayats and Municipalities, including spatial planning, sharing of water and other physical and natural resources, integrated development of infrastructure and environment conservation. For that purpose, extent an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l of Eleventh Schedule shows 29 entries, which include Agriculture, Land improvement, Animal Husbandry, Social Forestry, Rural housing, Drinking water, Poverty alleviation, Education, Libraries, Market and fairs, Health and Sanitation, Family welfare, Women and Child Development etc. Entry no.13 therein deals with Roads, Culverts, Bridges, Ferries, Waterways and other means of communication. Article 243W casts similar power and obligation upon the Municipalities. Schedule relevant therein is Twe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r strengthening the Panchayat Raj must operate after 1 year, if State Legislature had any inconsistent law with provision in said part and if that Legislature does not bring it in consonance with said part within said period of one year. 23. These Constitutional provision no where show the intention of Parliament to deprive the Panchayats or Municipalities of their powers or to dilute their function as institutions of self-government. On the contrary, subject to provision of Constitution, the Le .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on interest, as specified in Article 243 ZD [3] [a] for said purpose. A Panchayat or Municipality can function only in area over which it has jurisdiction. Schemes prepared by it, therefore may not have any extra territorial application though possibility of its such impact or extending its benefit to outsiders cannot be ruled out. The water reservoir or other physical/natural resources, in jurisdiction of such institution of local self government can be conveniently exploited for larger area of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

essary or is found essential in larger public interest, DPC has been constituted to undertake that exercise. It has been given power to prepare a draft development plan for district as a whole also. Thus idea seems to be maximum utilization of resources at minimum costs by larger number of people spread over under different local bodies in a district. Article 243ZD does not confer any executable status on such plans and the same need to be sent to Government of the State. Thus, if development is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ppropriate authority which reads as under: (4) The Town and Country Development Authority shall consider all the objections and suggestions as may be received within the period specified in the notice under sub section (3) and shall, after giving a reasonable opportunity to such persons affected thereby as are desirous of being heard, or after considering the report of the committee constituted under Sub section (5) approve the draft scheme shall be deemed to have lapsed.] Further, an amendment .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

thority and to other members of whom one shall be representative of the District Collector, not below the rank of Deputy Collector and the other shall be an officer of the Town and Country Planning Department not below the rank of Deputy Director nominated by the Director of Town & Country Planning for the purpose of hearing objection and suggestions received under subsection (3).] (emphasis supplied by the Court) Therefore, in the light of the provisions mentioned above if read in harmoniou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

spondent No. 2- RDA, formulated the Town Development Scheme without taking the opinion of the local committees which are constitutionally authorized to make suggestions in the matter of Town Development Scheme under the amended provisions of Section 50(5) of the Act of 1973. In addition to this, it has been contended by the learned senior counsel on behalf of the appellants that the present master plan, of which the development authority wants to implement, has been prepared by the Chief Executi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f law. 16. The above said argument is raised by the learned senior counsel on behalf of the appellants drawing our attention to the case of Chairman, Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd. ((2007) 8 SCC 705) which will be discussed in the appropriate place of this judgment. It was held in that case that both development plan and master plan are one and the same thing described by different names in different states. It has been admitted by the Respondent No. 2- RDA .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ken into consideration any report prepared under the Act of 1995. On the other hand, there is correspondence on record to prove that the Respondent No. 2- RDA, on its own, without taking into consideration any report, revised the Master Plan 2021 to suit it to the requirement of the KVTDS. Therefore, we are of the opinion that the Master Plan (Revised) 2021 requires reconsideration and should be prepared in accordance with the legal procedure. 17. Next, it is relevant for us to examine Entry 5 o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the learned senior counsel on behalf of the appellants, Mr. Gopal Subramaniam and Mr. Huzefa Ahmadi that the Act of 1973 in the present case has been read by the respondents without taking into account the subsequent amendments made to the Act in adherence to the constitutional amendment provision. As a consequence, the power vested on the Director of the Planning Authority has been read by the respondent No.2-RDA in isolation to the subsequent amendments made in the Act thereby violating the p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the Act of 1973 clearly provides for a role of local authorities in the planning process. The same cannot be abrogated. It is also contended that the role and functions of the District Planning Committee were notified once Chhattisgarh was notified out of Madhya Pradesh. This was further supplemented by the District Planning Committee. Therefore, in the presence of a notified District Planning Committee, it was argued by the learned senior counsel, that planning for districts as a conglomeratio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

S. 20. On the other hand, it was argued by Mrs. Pinky Anand and Mr. Prashant Desai, the learned senior counsel on behalf of the respondents that most of the submissions made by the learned senior counsel of the appellants, were not raised before the courts below and have been raised for the first time before this Court on the ground of violation of the 73rd and 74th amendment of the Constitution. Further, it was argued that there has been full compliance of 73rd and 74th Constitutional Amendment .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

time in these proceedings, the learned senior counsel on behalf of the appellants placed reliance upon the judgment of the Privy Council In Connecticut Fire Insurance Co. v. Kavanagh5 wherein, Lord Watson has observed as under: when a question of law is raised for the first time in a court of last resort, upon the construction of a document, or upon facts either admitted or proved beyond controversy, it is not only competent but expedient, in the interests of justice, to entertain the plea. The .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

w can be raised at any stage before this Court as laid down by this Court in V.L.S. Finance Limited v. Union of India & Ors. 9(2013) 6 SCC 27), which reads thus :- 7. Mr Shankaranarayanan has taken an extreme stand before this Court and contends that the Company Law Board has no jurisdiction to compound an offence punishable under Section 211(7) of the Act as the punishment provided is imprisonment also. Mr Bhushan, however, submits that imprisonment is not a mandatory punishment under Secti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to a pure question of law going to the root of the matter, this Court possesses discretion to go into that. The position would have been different had the appellant for the first time prayed before this Court for adjudication on an issue of fact and then to apply the law and hold that the Company Law Board had no jurisdiction to compound the offence. Further, this Court in Greater Mohali Area Development Authority & Ors. v. Manju Jain & Ors. 9(2010) 9 SCC 157) held as under :- 26. Respon .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

al below, cannot be allowed to be agitated in the writ petition. If the writ court for some compelling circumstances desires to entertain a new factual plea the court must give due opportunity to the opposite party to controvert the same and adduce the evidence to substantiate its pleadings. Thus, it is not permissible for the High Court to consider a new case on facts or mixed question of fact and law which was not the case of the parties before the court or tribunal below. [Vide State of U.P. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the appellants. More so, the High Court, instead of examining the case in the correct perspective, proceeded in haste, which itself amounts to arbitrariness. (Vide Fuljit Kaur v. State of Punjab.) In National Textile Corporation Ltd. v. Naresh Kumar Badrikumar Jagad (2011) 12 SCC 695, it was held as under:- 19. There is no quarrel to the settled legal proposition that a new plea cannot be taken in respect of any factual controversy whatsoever, however, a new ground raising a pure legal issue for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uthorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens and do what is fair and just to the citizens. Para 2 from the said case reads thus :- 2. We do not think that this is a fit case where we should proceed to determine whether the claim of the respondent was barred by Section 110 of the Madras Port Trust Act (II of 1905). The plea of limitation based on this section is one which the court always looks upon with disfavour and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l-founded, it has to be upheld by the court, but what we feel is that such a plea should not ordinarily be taken up by a government or a public authority, unless of course the claim is not well-founded and by reason of delay in filing it, the evidence for the. purpose of resisting such a claim has become unavailable. Here, it js obvious that the claim of the respondent was a just claim supported as it was by the recommendation of the Assistant Collector of Customs and hence in the exercise of ou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s has been mentioned earlier, section 14 of the Act confers the power upon the Director of Town and Country Planning appointed under the Act, to prepare development plans. However, this power conferred upon the Director has to be read along with Section 17 of the Act, which mandates the Director to take into consideration, any draft Five Year Plan and Annual Development Plan of a district prepared under the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995. In the case in hand, there is no evide .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

A without taking into consideration the reports of the local authority, violates the Act of 1973 as well as Part IX and IX-A of the Constitution. 26. We are inclined to agree with the fact that the Development Plan and its modification has not been made in accordance with the constitutional mandate and the Act of 1973. It is further contended by the learned senior counsel on behalf of the appellants that in the backdrop of the aforesaid Constitutional morality and the fact situation of the cases .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he submissions of the learned senior counsel of the appellants. As per the evidence produced before us, on 20.07.2009, one Sri S.S. Bajaj, served as the CEO of the Respondent No. 2- RDA proposed addition of 1900 acres of land in KVTDS. About 20 days later, on 10.08.2009, the same Mr. S.S. Bajaj was serving as Special Secretary, Department of Housing & Environment, Chhattisgarh Government, which is Respondent No.1 before us has approved the said addition of 1900 acres of land to the scheme wh .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the elemental law and politics or Power best expressed by Benjamin Dizreeli: I repeat...that all power is a trust-that we are accountable for its exercise-that, from the people and for the people, all springs, and all must exist." (Vivien Grey, BK. VI. Ch. 7) Aside from these is yet another, bearings on the play of natural justice, its nuances, non-applications, contours, colour and content. Natural Justice is no mystic testament of judge made juristic but the pragmatic, yet principled, req .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they do not supplant the law of the land but supplement it. The concept of natural justice has undergone a great deal of change in recent years. In the past it was thought that it included just two rules namely (1) no one shall be a judge in his own case (Nemo debet esse judex propria causa) and (2) no decision shall b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed to act judicially there was no room for the application of the rules of natural justice. The validity of that limitation is now questioned. If the purpose of the rules of natural justice is to prevent miscarriage of justice one fails to see why those rules should be made inapplicable to administrative enquiries. Often times it is not easy to draw the line that demarcates administrative enquiries from quasi-judicial enquiries. Enquiries which were considered administrative at one time are now .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

009, Sri S.S. Bajaj serving as CEO of Respondent No. 2- RDA presided over the meeting of the Board of Directors of the RDA wherein the decision to add 1900 acres of land of villages including Dumartarai Village to KVTDS was taken. Pursuant to the said Board Resolution, the CEO-RDA sent a proposal dated 20.07.2009 to the State Government seeking addition of an area of 1900 acres to the KVTDS. It is clear from the minutes of the Board meeting on 14.7.2009 as well as the said proposal dated 20.7.20 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

her the same is proper and if it raises concerns of public interest when such inclusion of the land use is made under the Town Development Scheme. Independently, it is evident from the fact that on 20th July, 2009, a proposal was sent by the Respondent No. 2- RDA to the Respondent No. 1- State Government and the same was approved by Sri S.S. Bajaj, who at that point of time was acting as Special Secretary, Department of Housing and Environment, Government of Chhattisgarh who had also proposed th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

aforesaid decision taken by Sri S.S. Bajaj as Special Secretary, Department of Housing and Environment, Government of Chhattisgarh (Respondent No. 1) in approving the proposal of RDA to include large extent of land to the KVTDS is vitiated action in law as the same is tainted with bias and non-application of mind on the part of the State Government-Respondent No.1 with regard to the proposal of the Respondent No. 2- RDA to include large extent of land in the scheme. The Respondent No. 2- RDA rel .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

His Excellency the Governor and in his individual capacity. 30. However on the basis of the evidence on record produced before us, we are unable to concede with the affidavits so released by Respondent No. 2- RDA since the evidence of bias and self-interest is evident. This Court in one occasion, in the case of The State of Punjab and Anr. v. Gurdial Singh and Ors. AIR 1980 SC 319 opined with respect to mala fide in jurisprudence of power, as under :- 9. The question, then, is what is mala fides .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a legitimate object the actuation or catalysation by malice is not legicidal. The action is bad where the true object is to reach an end different from the one for which the power is entrusted, goaded by extraneous considerations, good or bad, but irrelevant to the entrustment. When the custodian of power is influenced in its exercise by considerations outside those for promotion of which the power is vested the court calls it a colourable exercise and is undeceived by illusion. In a broad, blur .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the power, whether this be malices-laden or even benign. If the purpose is corrupt the resultant act is bad. If considerations, foreign to the scope of the power or extraneous to the statute, enter the verdict or impel the action mala fides or fraud on power, vitiates the acquisition or other official act. In the case in hand, we are convinced that the action taken by Respondent No. 2- RDA as mentioned in the affidavit issued by it, meets different ends than the reason for which power had been a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

traced as early as 14.7.2009 with the report of Board Meeting No. 03/09. 31. Apart from the said contravention made by the Respondent No. 2- RDA, its proposal to have township of 2300 acres of land was examined by a Committee constituted under Section 50(5) of the Act of 1973, which prepared its report dated 8.6.2010. The same was accepted by Shri S.S. Bajaj, Chairman of Respondent No. 2-RDA in the Board meeting held on 21.6.2010 and 22.6.2010. Therefore, the entire exercise made by RDA under S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cheme of Respondent No. 2- RDA has rendered otiose. It is a well established principle in the Indian jurisprudence that no one can be a judge in his own case. The fact has been established by various decisions of this Court. It was held in the case of M/s. J. Mohapatra and Co. and Anr. v. State of Orissa & Anr. AIR 1984 SC 1572 as under: 12. There is, however, an exception to the above rule that no men shall be a judge in his own cause, namely, the doctrine of necessity. An adjudicator, who .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

break down. Thus, in The Judges v. Attorney-General for Saskatchewan 53 TLR 464, the Judges of the Court of Appeal were held competent to decide the question whether Judges of the Court of Appeal, of the Court of King's Bench and of the District Courts of the Province of Saskatchewan were subject to taxation under the Income-tax Act, 1932, of Saskatchewan on the ground that they were bound to act ex necessitate. The doctrine of necessity applies not only to judicial matters but also to quas .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

submitted for selection from pointing out this fact to the State Government so that it could amend its Resolution by appointing a substitute or substitutes, as the case may be. There was equally nothing to prevent such nonofficial author-members from resigning from the committee on the ground of their interest in the matter. Therefore, in the light of the reasons mentioned by us above, we are of the considered view that there is total lack of application of mind by the Respondent No. 1- State Go .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

overnment without any application of mind and objective consideration by the Respondent No. 1-State Government which fact is expressly clear as the said proposed scheme was neither in accordance with the Development Plan nor did any Zonal Plan which existed at the material point of time. Therefore, for the reasons mentioned by us, we answer this point in favour of the appellants. Answer to Point No. 2 32. It is contended by the learned senior counsel on behalf of the appellants that the Town Dev .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

pon the phrase at any time in Section 50(1) of the Act of 1973 by the learned senior counsel on behalf of the appellants contending that it is not a source of arbitrary and unbridled power/discretion to exercise its power arbitrarily but requires study, survey and assessment of need/requirement of plots for the residents of the area before the intention of the RDA can be declared by the Town and Country Development Authority. 33. In this regard, the learned senior counsel on behalf of the appell .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ision as and when a scheme has to be framed. The words at any time have no exemption from all forms of limitation for unexplained and undue delay. Such an interpretation would not only result in the destruction of citizens rights but would also go contrary to the entire context in which the power has been given to the authority. 81. The words at any time have to be interpreted in the context in which they are used. Since a town development scheme in the context of the Act is intended to implemen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(1) of the Act is not a charter for the exercise of an arbitrary decision as and when a scheme has to be framed. The words At any time have no exemption from all forms of limitation for unexplained and undue delay. Such an interpretation would not only result in destruction of citizens rights but would also go contrary to the entire context in which the power has been conferred upon the authority. 34. Also, a proviso added to Section 50(1) of the Act in the year 2012 states that a Development Au .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ut of, rebuilding, or relocating areas which have been badly laid out or which has developed or degenerated into a slum; (iii) acquisition and development of land for public purposes such as housing development, development of shopping centres, cultural centres, administrative centres; (iv) acquisition and development of areas for commercial and industrial purposes; (v) undertaking of such building or construction work as may be necessary to provide housing, shopping, commercial and other facili .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

vernment. Section 50(1) of the Act of 1973 vests the jurisdiction on the Town and Country Development Authority to declare its intention for preparing a Town Development Scheme, which in this case is the Respondent No. 2-RDA. Section 49 provides that a Town Development Scheme can be proposed for the purpose of town expansion, for rebuilding and regenerating areas which have degenerated into slums, acquire and development land for public, commercial and industrial purpose and also for other work .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

record to show how the said figure was arrived at by the RDA. The requirement of such assessment was all the more necessary because already a new capital called Naya Raipur has been built near Raipur. 36. Further, frequent changes in the extent of land acquired for the KVTDS by the RDA is a very strong indicator of the fact that there is no rationale behind the proposal of the said Scheme. The Respondent No.2- RDA had proposed the area of KVTDS to be 900 acres on 31.7.2006, 1100 acres on 14.11.2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

al survey of the area must be carried out. It is contended by the learned senior counsel on behalf of the appellants that even the letter dated 20.7.2009 addressed by Respondent No. 2- RDA to the Respondent No. 1- State Government admits that survey of the area is being carried out in respect of previous 416.93 acres of land. In the instant case, the proposal to have KVTDS as well as sanction for the same by the Respondent No. 1- State Government, is not preceded by a survey of the area, which r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Respondent No.2- RDA cannot take away the land of the appellants in exercise of the power of eminent domain by the State Government. The Town Development Scheme envisaged under Section 49 of the Act is for the purpose of acquisition, development and sale or leasing of land for the purpose of town expansion. Under Section 49 (i) and (ii) of the Act, the Respondent No. 2- RDA has power only to provide for housing and not for plotting. Reconstruction of plot under Section 49 clause (viii) of the A .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nt Authority for housing scheme in the metropolitan area without conducting proper enquiry about the need of the residents of the area and plights of the land owners. It was held in the case as under : 150. Frequent complaints and grievances in regard to the following five areas, with reference to the prevailing system of acquisitions governed by Land Acquisition Act, 1894, requires the urgent attention of the state governments and development authorities: (i) absence of proper or adequate surve .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

bilitatory measures. While the plight of project oustees and landlosers affected by acquisition for industries has been frequently highlighted in the media, there has been very little effort to draw attention to the plight of farmers affected by frequent acquisitions for urban development. XXX XXX XXX 156. When BDA prepares a development scheme it is required to conduct an initial survey about the availability and suitability of the lands to be acquired. While acquiring 16 villages at a stretch, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ons were for extraneous or arbitrary reasons. 157. Inclusion of the land of a person in an acquisition notification, is a traumatic experience for the landowner, particularly if he was eking out his livelihood from that land. If large areas are notified and then large extents are to be deleted, it breeds corruption and nepotism among officials. It also creates hostility, mutual distrust and disharmony among the villagers, dividing them on the lines of those who can influence and get their lands .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

urvey before embarking upon acquisition. 158. Where arbitrary and unexplained deletions and exclusions from acquisition, of large extents of notified lands, render the acquisitions meaningless, or totally unworkable, the court will have no alternative but to quash the entire acquisition. But where many land losers have accepted the acquisition and received the compensation, and where possession of considerable portions of acquired lands has already been taken, and development activities have bee .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n. In the instant case, the development plan is the Master Plan of Raipur planning area. Therefore, the very definition clearly states that unless master plan allows use of a particular area as residential , it is not open for the Respondent No.2- RDA to propose a township or a town development scheme whose land use is at variance with the one provided in the development plan. Till such time as the lands in question is notified for residential use, the Respondent No. 2- RDA cannot propose a Town .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

regard, this Court has already laid down the legal principle in the case of Bangalore Medical Trust v. B.S. Muddappa (1991) 4 SCC 54, which reads as under: 49. ….. There is no Section either in the Act nor any rule was placed to demonstrate that the Chairman alone, as such, could exercise the power of the Authority. There is no whisper nor there is any record to establish that any meeting of the Authority was held regarding alteration of the scheme. In any case the power does not vest in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r converting the site. How did it appear to him that it was necessary, is mentioned in the letter dated 21st April, because the Chief Minister desired so. The purpose of the Authority taking such a decision is their knowledge of local conditions and what was better for them. That is why participatory exercise is contemplated. If any alteration in Scheme could be done by the Chairman and the Chief Minister then Sub-section (4) of Section 19 is rendered otiose. There is no provision in the Act for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lotment of the site was accepted first and the procedural requirements were attempted to be gone through later and that too by the State Govt. which was not authorised to do so. Not only that the Authority did not apply its mind and take any decision if there was any necessity to alter the Scheme but even if it is assumed that the State Govt. could have any role to play, the entire exercise instead of proceeding from below, that is, from the BDA to State Government proceeded in reverse direction .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the provisions of the Act of 1973, the development plan/ Raipur Master Prevised 2021 that is prevailing, the Respondent No. 2- RDA as well as the State Government gave primacy to KVTDS and sought changes in the master plan to suit KVTDS. This is impermissible in law. The finding recorded by the High Court of Chhattisgarh, Bilaspur, in its judgment in this regard that no finality can be attached to the master plan is an erroneous finding. Accordingly, we are of the opinion that the Town Developm .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

A, and therefore, the acquisition proceedings of the land of the appellants cannot be allowed to sustain. The town development scheme is always subservient to the master plan as well as the zonal plan, as provided under Section 17 of the Act of 1973, which reads as under :- Section 17: Contents of development plan. A development plan shall take into account any draft five year and Annual Development plan of the district prepared under the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

after the publication of the development plan, or thereafter if so required by the State Government shall, within the next six months of such requisition, prepare a Zoning Plan Further, Section 21 of the Act reads thus: Section 21: Contents of zoning plan. The zoning plan shall enlarge the details of the land use as indicated in the development plan.... (emphasis laid by the Court) Thus, it is evident from the language of Sections 20 and 21 of the Act, that a Zonal Plan can be prepared only in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

49 lays down that the Development Plan is the umbrella under which a zonal plan is made for the city. The zonal plan in turn, allocates the land which could be acquired for town development schemes. The Respondent No. 2- RDA on the other hand, has taken the following stand in their common counter affidavit dated 23.11.2011 filed in the writ petition proceedings: That, thus, earlier the Master Plan, 2021 is modified as per scheme under Section 23A or the scheme is modified as per Master Plan und .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

h lays down with sufficient particularity the use to which a particular piece of land could be put. The object and purpose of the 1973 Act itself foresees that zonal plan is necessary for implementation of a Town Development Scheme. The preamble of the Act clearly discloses that a Town Development Scheme is at best a vehicle to implement the Development Plan and Zonal Plan. The object and purpose of the Act reads thus: An Act to make provision for planning and development and use of land; to mak .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ines development plan as including a zonal plan . Therefore, unless a Zonal Plan and also a development plan is prepared, a Town Development Scheme cannot be proposed. The provisions of Sections 49 and 50 of the Act of 1973 categorically provide for Development Plan to mean master plan as well as Zonal Plan . 42. In the case in hand, the KVTDS has been prepared in the absence of a Zonal Plan. It is not possible to define the utilization of land under the Town Development Scheme unless the Zonal .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t No. 1- State Government under Section 20 of the Act of 1973. A mere glance at the Master Plan would clearly go to show that it does not set out the detailed land use with sufficient particulars. Therefore, the framing of a Zonal Plan by local authority in laying out a detailed plan of land use with sufficient particulars is a sine qua non under the provisions of the Act. 43. The legal contention urged on behalf of the respondents that a Town Development Scheme can be framed pursuant to the Dev .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ighlights the importance of planning at Zonal level to stop illegal development. Having regard to the provisions of Sections 17, 19, 20, 21 and 49 of the Act of 1973, the relationship between the scope of Development Plan, Zoning Plan and Town Development Scheme can be well understood and in view of the aforesaid provisions and the factual position in relation to the KVTDS, unless a Zoning Plan exists, it is not possible for the Planning Authority to ascertain as to which area is to be used for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

an, Indore Vikas Pradhikaran case mentioned supra, the relevant portion of which is quoted hereunder : 37. When a planning area is defined, the same envisages preparation of development plan and the manner in which the existing land use is to be implemented. A development plan in some statutes is also known as a master plan. It lays down the broad objectives and parameters wherewith the development plan is to deal with. It also lays down the geographical splitting giving rise to preparation and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, would be subject to development plan. It is, therefore, difficult to comprehend that broad based macro level planning may not at all be in place when a town planning scheme is prepared. XXX XXX XXX 75. The purpose of declaring the intent under Section 50(1) of the Act is to implement a development plan. Section 53 of the Act freezing any other development is an incidence arising consequent to the purpose, which purpose is to implement a development plan. If the purpose of declaring such an int .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

late a town development scheme is to get over Section 16 and freeze development activities under Section 53, it would amount to exercise of power for a collateral purpose. 76. A bare perusal of Sections 17 and 49 would show that it is the development plan which determines the manner of usage of the land and the town development scheme enumerates the manner in which such proposed usage can be implemented. It would follow that until the usage is determined through a development plan, the stage of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

own development scheme even without a development plan and ipso facto bring into play a freeze on usage of the land under Section 53 would lead to complete misuse of powers and arbitrary exercise thereof depriving the citizen of his right to use the land subject to the permitted land use and laws relating to the manner of usage thereof. This would be an unlawful deprivation of the citizen's right to property which right includes within it the right to use the property in accordance with the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o formulate a town development scheme and once again freeze the usage of the land for another three years and continue the same ad infinitum thereby in effect completely depriving the citizen of the right to use his property which was in a manner otherwise permitted under law as it stands. 78. The essence of planning in the Act is the existence of a development plan. It is a development plan, which under Section 17 will indicate the areas and zones, the users, the open spaces, the institutions a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

noticed hereinbefore, consists of both plan area and non-plan area. Development of plan area may be in phases. A master plan may be followed by a zonal plan and a zonal plan may be followed by a town development scheme. 45. Further, the learned senior counsel on behalf of the appellants have rightly placed reliance upon the principle of Constitutional morality as explained by Dr. B. R. Ambedkar to the Constituent Assembly on 4th November 1948. The relevant portion of which is extracted hereunder .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e Constitution, without changing its form by merely changing the form of the administration and to make it inconsistent and opposed to the spirit of the Constitution. 46. In the light of the facts and circumstances of the case, the legal contentions urged before us, the provisions of the Act and also in the light of the legal principles already laid down by this Court, we are of the opinion that Respondent No. 2- RDA could not have formulated KVTDS-for Raipur without a Zoning Plan there in place .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

us of being heard. Thereafter, the committee shall submit its report to the Town and Country Development Authority and, is required to submit its proposal on these aspects: Define and demarcate areas allotted or reserved for public purpose; Demarcate the reconstituted plots; Evaluate value of original plots and reconstituted plots; Determine whether the areas marked for public purpose are wholly or partially beneficial to the residents; Estimate the compensation or contribution from beneficiarie .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rt before acquiring land from landowners which often results in loss of livelihood for poor agriculturists. This aspect of loss of livelihood has been noted by this Court in the case of Bondu Ramaswamy mentioned supra. 49. The learned single judge of the High Court of Chhattisgarh, Bilaspur, in his judgment, has held that the aforesaid three aspects are not applicable in the present case for the reason that the Respondent No. 1- State government has decided not to seek payment of incremental cos .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gh Court has not noticed in arriving at the aforementioned conclusion that the committee was not adhering to the mandatory provisions with regard to development scheme. Therefore, the scheme is vitiated in law for lack of compliance with the provisions of the Act of 1973. The manner in which the computation of increment in the value of the reconstituted plot has been arrived at, is vague. 51. The affidavit of RDA dated 23.11.2011 by way of its reply to the writ petitions, has taken the following .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f sub-section (v) (vi) and (vii) of the Section 50 (6) would not be applicable on the scheme. From the above averments of the Respondent No. 2- RDA in its affidavit by way of reply, it is evident that it has unilaterally decided to make the mandatory provisions of Section 50(6) (v) (vi) and (vii) of the Act of 1973, inapplicable to the scheme without providing any reason for the same. It could not have stated so, as this aspect is no more res integra. This court has already taken the view that t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ondent No. 2- RDA, on the other hand, is required to seek permission from Respondent No. 1- State Government to publish the intention in the official gazette. The RDA under the aforesaid provision was required to declare its intention to the public at large. 53. In the instant case, the Respondent No. 1- State Government granted permission to Respondent No. 2- RDA to publish its intention under Section 50(2)of the Act of 1973, on 25.1.2008 for village Dunda alone. It published its intention unde .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e in the gazette and the same was for KVTDS Scheme No. 5 and not KVTDS Scheme No.4. Pursuant to the Board Resolution dated 20.08.2009, a declaration of intention was published for amended scheme on 4.9.2009. The board resolution is merely for publication of the scheme in the official gazette. There is no provision under the 1973 Act to issue declaration only in so far as amended portion is concerned. Thus, the inclusion of village Tikrapara is not in accordance with the procedure prescribed unde .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

esolution has been circulated in draft, together with the necessary papers, if any, to all the directors, or to all the members of the committee, then in India (not being less in number than the quorum fixed for a meeting of the Board or committee, as the case may be), and to all other directors or members at their usual address in India, and has been approved by such of the directors as are then in India, or by a majority of such of them, as are entitled to vote on the Resolution. Thus, since t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of plots for the purpose of buildings, roads, drains, sewage lines and other similar amenities. It may be noted that the Maharashtra Regional and Town Planning Act, 1966 and the Gujarat Town Planning and Urban Development Act, 1976 specifically provide for reconstituted plots and the Acts also provided the procedure to be followed for the same under the respective statutes. Section 65 (1) of the Maharashtra Act and Section 45 (1) of the Gujarat Act are in pari material, which are reproduced her .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, to render it suitable for building purposes and where the plot is already built upon, to ensure that the building, as far as possible, complies with the provisions of the scheme as regards open spaces Further Section 49 (viii) of the Act of 1973 empowers RDA to make provision for reconstitution, which reads as under: 49. Town Development Scheme - A town development scheme may make provision for any of the following matters: ………. (viii) Re-constitution of plots for the purp .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

under the Act of 1973 for the above purpose and no authority has been vested under the provision of the Act applicable to Chhattisgarh, to adjust rights of parties in the land. In view of the aforesaid provision, mere prescription or the scope of the activity in the Town Development Scheme under Section 49 of the Act will not ipso facto confer the power upon Respondent No. 2- RDA to alter rights of landowners in their properties. This unique anomaly under the Act may be contrasted with the Gujar .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to, or reserved for, any public purpose, or for the purpose of the appropriate authority and the final plots; (ii) After giving notice as aforesaid, determine in a case in which a final plot is to be allotted to persons in ownership in common, the share of such persons; (iii) Provide for the total or the partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with the provisions of Section 81; (iv) Determine a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

not capable of being so transferred shall be extinguished: Provided that an agricultural lease shall not be transferred from an original plot to final plot without the consent of all the parties to such lease. The Maharashtra Act of 1966 confer this right on an Arbitrator appointed by the State Government. Section 72 (3) (xiii) of the Act reads as under: 72 (3)in accordance with prescribed procedure, every Arbitrator shall,- …………. (xiii) provide for the total or parti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

attisgarh Town Planning Act, 1973. Therefore, without an official amendment to the Chhattisgarh Act and without following the mandatory procedure, no reconstitution of land under the Town Development Scheme can take place. 59. To further establish this point, reliance has been placed by the learned senior counsel on behalf of the appellants on the following judgment of this Court in Ahmedabad Municipal Corpn. v. Ahmedabad Green Belt Khedut Mandal (supra), wherein it was held as under : 27. The a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

jj)(a) of the 1976 Act, the loss and profit of individual tenure-holder is to be calculated. After assessing the market value on the date of declaration of the intention to frame a scheme and the value of the property after making all these deductions, adjustments, improvements, etc. and, therefore, if a person has suffered any loss, his loss is to be made good from the funds of the scheme and if a person has gained an amount equivalent to net gain, is to be recovered from him. The case mentione .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nt reading of Sections 45(2)(a), (b), (c) and Section 52(1)(iii) in accordance with Section 81 of the 1976 Act. By reconstitution of the plots, if anybody suffers injury, the statutory provisions provide for compensation under Section 67(b) read with Section 80 of the 1976 Act. By this reconstitution and readjustment of plots, there is no vesting of land in the local authority and therefore, the Act provides for payment of non-monetary compensation and such a mode has been approved by the Consti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

scheme into force. The concept that lands vest in a local authority when the intention to make a scheme is notified, is against the plain intendment of the Act. Even steps taken by the State do not involve application of the doctrine of eminent domain. 60. It is further contended by the learned senior counsel on behalf of the appellants that apart from this, the allotment of reconstituted plots to the original land owners is being done in an arbitrary and discriminatory manner and therefore the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

iety, which was originally included in the earlier sanctioned area of 416.93 acres, the entire land of the appellants have been affected by the enhancement of acquisition of area to about 2300 acres of land. The villages of Tikrapara and Dumartarai were not originally included in the first phase of development in the Raipur Master Plan (Revised) 2021. 61. The location of the land of the appellants which is also shown in the map/plan annexed to the Convenience Compilation is produced by the appel .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ting colonies, and is therefore, sufficiently developed. c)Land of petitioner s Chhatri Family and petitioner Vijay Rajani and family is on the main orad and is sufficiently developed on account of proximity to the main road. d)Only a piece of land jointly owned by Vijay Rajani, Rakesh Amrani and Pradeep Prithwani admeasuring about 1 acres is in the centre of the township. 62. It was further argued that draft Scheme was published on 20.11.2009 which included vast tracts of agricultural land as w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ying construction over them, and (c) Land of private colonizers whose layout had been approved irrespective of whether construction has been carried out or not in the permission dated 25.01.2008, the State Government had itself directed that lands with trees and construction will not be included, and therefore, the question of having such a huge area including constructed land did not arise for its consideration. As a consequence of the above said exclusion, portions of land belonging to the app .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sewerage plant etc. Therefore, it is contended that there will be no adverse implication for the proposed township if lands belonging to the appellants in the above mentioned appeal are excluded from the KVTDS. 63. Further, the lands of other appellants namely, Vijay Rajani and family, Jalaram Cooperative Housing Society, Bulamal Chhatri and Chinmay Developers are also on the fringe of the township and as such there is no adverse implication for the proposed township if the said land of the app .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

velopers rather than being a planned and orderly development expected from a Development Authority. therefore when a large layout is being planned, the development authorities should exercise care and caution in deleting large number of pockets/chunks of land in the middle of the proposed layout. There is no point in proposing a planned layout but then deleting various portions of land in the middle merely on the ground that there is a small structure of 100 sq.ft or 200 sq.ft. which may be auth .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rnight. Though we do not propose to go into motives, the concurrent finding by the learned Single Judge and Division Bench is that there are arbitrary unexplained deletions. While we may not comment on policy, it is obvious that deletion from proposed acquisition should be only in regard to areas which are already well developed in a planned manner. 136. Sporadic small unauthorised constructions in unauthorised colonies/ layouts, are not to be deleted as the very purpose of acquisition for plann .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ous private developers//colonisers attempting development of small bits of land with only profit motive. When we refer to private developers/colonisers by way of comparison, our intention is not to deprecate all private developers/colonisers. We are aware that several private developers/colonisers provide large, well planned authorized developments, some of which are even better than developments by development authorities. What is discouraged and deprecated is small unauthorized layouts without .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rowth? The power of deletion and withdrawal unless exercised with responsibility and fairly and reasonably, will play havoc with orderly development, will add to haphazard and irregular growth and create discontent among sections of society who were not fortunate to have their lands deleted. The above decision holds true in the present case in the light of the fact that vast amount of tracts have been deleted subsequently without the respondents assigning any reason for the same. As a consequenc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g any hearing opportunities to put forth their objections before the said Committee. Therefore, the recommendations of the Committee did not carry any weight. This action of the State Government is vitiated in law and therefore liable to be set aside. 65. It can be asserted from the evidence on record produced before us that the Committee constituted under Section 50(5) of the Act, heard objections of the land owners from 25.01.2010 to 2.6.2010. At the same time, the Respondent No. 2- RDA propos .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

de agricultural land which was formally taken on 22.6.2010 after acceptance of the report of the Committee dated 8.6.2010. But even before this, vide letter dated 15.4.2010, CEO of the Respondent No. 2- RDA had made it clear to the Respondent No. 1- State Government that agricultural land will be excluded. The committee constituted under Section 50(5) was headed by CEO of Respondent No. 2- RDA who himself proposed inclusion of 1900 acres of land vide letter dated 20.7.2009. This affects the righ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f Raghbir Singh Sehrawat v. State of Haryana (2012) 1 SCC 792, held as under: 40. Though it is neither possible nor desirable to make a list of the grounds on which the landowner can persuade the Collector to make recommendations against the proposed acquisition of land, but what is important is that the Collector should give a fair opportunity of hearing to the objector and objectively consider his plea against the acquisition of land. Only thereafter, he should make recommendations supported b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tified in following a short cut in this case. The procedure followed under the Trust Act could not be sufficient to dispense with all the requirements of Section 50 of the Adhiniyam. As earlier noticed that Section 50 of the Adhiniyam provides procedure for preparation and approval of scheme for development. After preparing a draft scheme, the Development Authority must invite objections and suggestions from the public. There must be due consideration of the objections and suggestions received i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

iples laid down by this Court, we are of the opinion that reconstitution of plot for the purpose of town development scheme is permissible for public purpose only and that too by following the legal procedure of publication by the authority in gazette about its intent to acquire land. In the absence of the same, and also when the purpose for reconstitution of land is not for public purpose, such reconstitution of land is impermissible under the Act. Therefore, we answer this point in favour of t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

for the appellants, the learned senior counsel for the the Respondent No. 1- State Government as well as the High Court of Chhattisgarh, relied upon the decision of this Court in the case of State of Gujarat v. Shantilal Mangaldas and Ors. AIR 1969 SC 634, to hold that taking away land and giving back 35% developed land in return, is in accordance with the Constitution. On this aspect, we are inclined to rely upon the decision of this court in His Holiness Kesavananda Bharathi v. State of Kerala .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dia, was overruled which itself was virtually overruled by R.C. Cooper v. Union of India. According to the Advocate-General of Maharashtra, if Shantilal Mangaldas case, had not been overruled by R.C. Cooper v. Union of India, there would have been no necessity of amending Article 31(2). 1744. In the Bank Nationalisation case, the majority decision virtually overruled the decision in Gujarat v. Shantilal. The majority was of the view that even after the Fourth Amendment compensation meant the equ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

also because the development which occurs due to the implementation of the Town Development Scheme accrues the benefit to everyone. In the same way, the appellants whose land has been acquired and proposed to be developed, would have gained from the development, if at all, as a member of the community gaining from the town development scheme and not in his individual capacity. When the compensation for land acquisition is determined, the price of the land on the date of the declaration of inten .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n from the State Government. The State Government on the other hand, cannot involuntarily acquire land and impose developmental charges in the same breath. 69. We come to this conclusion further on the ground that 35% figure was arrived at by Respondent No. 2- RDA while allocating reconstituted land to the appellants, without any valid form of calculation arrived at by the respondents. This action of the respondents is arbitrary also because the percentage of reconstituted land to be returned to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g land under Development Contribution to the extent of 65% is not contemplated under Section 50(6) of the Act. Section 50(6)(vi) of the Act of 1973 reads as under: ……(vi)evaluate the increment in the value of each reconstituted plot and assess the development contribution leviable on each plot holder: Provided that the contribution shall not exceed half the accrued increment in value. 71. Even under Section 40(3)(jj)(a) of the Gujarat Act, the maximum permissible contribution of la .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the appellants urged that the Respondent No. 2- RDA s application for Environmental Impact Assessment clearance dated 17.6.2010, was prior to the date of approval of KVTDS by the Board of RDA, the same being accorded on 22.6.2010 and published on 16.7.2010. Therefore, the application of the Respondent No.2- RDA was initially for EIA clearance for 2300 acres, whereas the final scheme was only for 1600 acres of land. As per the condition (v) of the General Condition of the Environmental Cleara .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ojects of category A if the same falls in critically polluted areas. Then the Central Government is the competent authority to grant clearance to such projects. 74. Further, MoEF, issued a circular dated 25.8.2009, which has noted that the Central Pollution Control Board (CPCB) had identified critically polluted areas. The Expert Appraisal Committee (EAC) is appraising proposal of EC to the areas. Thereafter the concerned State Pollution Control Board will send its representative with its commen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r dated 31.10.2010. Para 4.2 of the said O.M provides that the procedure for grant of environmental clearance to development projects in severely polluted areas will be as per circular dated 25.8.2009, i.e. for critically polluted areas. Therefore, the effect of O.M. referred to supra is that that the EC to the said projects will have to be given by the Central Government. 76. The Respondent No. 2-RDA submitted its application on 17.6.2010 for EIA approval for 2300 acres of township. On 25.1.201 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

011. The High Court has relied on the aforesaid affidavit and dismissed the contention of the appellants with regard to the EC issue, thereby it has erred in not appreciating the said O.M. issued after SEIAA had given EC to KVTDS-04. As on 25.1.2011, the general conditions of EIA notification dated 14.9.2006 were applicable to category B projects and Central Government was the competent authority to grant EC to KVTDS-Scheme No. 04. 78. Even assuming that the EIA clearance granted by the SEIAA to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sidential under the Master Plan. The notification dated 4.3.2011 was published in the official gazette of the State government with regard to change of the land use of khasras from Agricultural to Residential purposes in the villages Dunda, Devpur and Dumartarai and also from Educational to Residential area in village Tikrapara. 79. As per condition (ii) in the aforesaid notification, 185 hectares of land has to be maintained. The land use approved by the Board on 22.6.2010 only provides for 129 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

azette •17.8.2011: In RDA Board Meeting, layout plan was amended in view of G.O. dated 25.2.2011. This resulted in change in scope of the project. Thus in view of the specific condition (ii) of the Environmental Clearance dated 25.1.2011, fresh EC should have been sought and obtained by the RDA but the same has not been obtained by it. 81. Section 50(8) of the Act cannot be made retrospectively applicable. In the absence of vesting of land with the RDA, layout is not complete and no allotme .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version