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ramesh ramesh   05 January 2022

Public purpose layout to housing plots

I would like to know whether Real estate Promoters can convert the public purpose land which they have alloted initially in their layout for TANGEDCO / sewage to housing plots if government is not utilized those public purpose land within 2 year's ...can someone provide more insights on this please


 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 January 2022

Court : IN THE HIGH COURT OF JUDICATURE AT MADRAS Brief : The portion of land reserved for public purpose in a layout or in a development plan or master plan approved by the local body cannot be used for any other purpose than the one specified therein Citation : Sri Devi Nagar Residences Welfare v. Subbathal - W.A. No.156 of 2000 [2007] RD-TN 1436 (12 April 2007)

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Aarushi   05 January 2022

Dear user,

In G. N. Khajuria (Dr) v. Delhi Development Authority, when a land allotted for a residential colony was given for the construction of a school, the Supreme Court did not take it lightly and deemed that allotment to be illegal and unlawful.

Thus, similarly, according to the judgement held in Sri Devi Nagar Residences Welfare v. Subbathal, any land which has been allotted for public purpose cannot be used for anything other than for what purpose it is marked. If, used for other purposes, even, it cannot be a private use, strictly not housing plots.

I hope your query is solved. Please post follow up questions if any.

ramesh ramesh   06 January 2022

Thanks for your prompt response on this...I have a another question..If a land promoter get in to agreement with local body stating that a small portion of the land will be still left for the Public Purpose instead offering the complete area which was originally allocated..and covert those in to housing plots..For example out of 5 acres in a residential site 1 acre is alloted for Public Purpose site...later 2 years if government not occupied that 1 acre, can the land promoter convert those 1 acre in to housing plots by leaving a small portion of 2000 or 3000 square feet for Public Purpose and Approval is obtained both CMDA & RERA...Also suggest can we buy those plots or any static conditions will be there in place and during the course of time can those approved plots in the public purpose site will be taken back if needed by govt local body

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