Topic
Town planning in India governs land use, construction permissions, and urban development under state-specific MRTP Acts and municipal laws, with constitutional safeguards under Article 21.
Bombay High Court directs BMC to demarcate reserved playground land within 4 months and initiate acquisition within 6 months while protecting unauthorized structures pending demarcation. The ruling clarifies timelines for municipal authorities under MRTP Act and MMC Act, impacting land use disputes in Mumbai.
Bombay High Court reaffirms that land reservations under Section 127 of the MRTP Act lapse by operation of law if authorities fail to acquire or develop the land within 12 years of a valid purchase notice. Landowners are entitled to de-reservation without being forced to accept Transferable Development Rights (TDR), protecting their property rights against administrative inaction.
Madras High Court reinforces due process by directing revisional authorities to decide stay applications under Section 80-A of the Tamil Nadu Town and Country Planning Act within three weeks. The Court prohibits demolition, sealing, or locking of premises during this period, ensuring property owners are protected from coercive action while their appeals are pending.
Bombay High Court rules that landowners are entitled to compensation under Section 127 of the MRTP Act for plots reserved for public roads, irrespective of prior layout sanctions. The judgment clarifies that municipal incorporation does not negate the statutory right to payment, reinforcing the protection of property rights in town planning disputes.
Bombay High Court rules that town planning authorities under the MRTP Act cannot condition construction permissions on No Objection Certificates from revenue officers. The judgment clarifies that title disputes, once resolved in favor of the applicant, cannot justify delays in granting planning permissions, reinforcing statutory jurisdiction limits.
Karnataka High Court holds that municipal sanction cannot override Master Plan buffer zones around lakes; mandates committee to remove encroachments and enforce compliance.
Bombay High Court holds that under Section 127 of MRTP Act, land reservation lapses if planning authority fails to acquire land within 24 months of purchase notice, regardless of procedural defects.
Bombay High Court holds that unauthorized constructions cannot be legitimized by delay, administrative inaction, or lack of regularization, citing binding Supreme Court precedents.
Madras High Court directs Directorate of Town and Country Planning to decide on re-zoning petition within four months, maintaining status quo for petitioner's construction pending final order.
High Court of Telangana holds that authorities cannot demolish structures without due process, even if alleged to be non-compliant, affirming Article 21 rights and procedural fairness.