Reserve site can't be acquired without paying compensation

Citation

CDJ 2007 SC 1009

Head note

Andhra Pradesh Urban Areas (Development) Act, 1975 - Regularization of the plot in unapproved layout - Application for sanction of a building plan dismissed on the premise that the proposed constructions fell on the reserved open space in the Radha Krishna Nagar Layout - The legality and/ or validity of the deed of sale executed by vendor in favour of the appellant is not in dispute. It is also not in dispute that no layout plan existed in the area in question where she had purchased the land. Before making the Zonal Plan and the Master Plan, the Authority was required to give an opportunity of hearing to the persons who may be affected thereby. Neither the writ court nor the court of appeal dealt with the question as regards the right of the appellant to be heard in the matter. If the allegations made in the writ petition were correct, do not know why the fact that her land had been earmarked for the purpose of providing an open space to the other owners of the said layout had not been disclosed to her - On what basis the layout plan had been drawn resulting in deprivation of a valuable right of the appellant, therefore, was required to be determined. Furthermore, if VUDA wanted to deprive the appellant from a valuable right of property, the question which should have been posed was as to whether therefor the authorities should have acquired the property or not - Prima facie, it appears that there is no provision in terms whereof the appellant could be deprived of her right of property without payment of any compensation - The impugned judgments cannot be sustained which are set aside accordingly and the matter is remitted to the learned Single Judge of the High Court for consideration of the matter afresh.

Para 6 to 9

Case Referred:
Chairman, Indore Vikas Pradhikaran v. M/s. Pure Industrial Cock & Chem. Ltd. & Ors., 2007 (8) SCALE 110. (Relied) [Para 8]

Comparative Citations:
2007 (8) SCC 748, 2007 AIR(SCW) 5870, 2007 (6) ALT 1, 2007 (11) JT 542, 2007 (6) Supreme 406, 2008 (1) AWC 255, 2007 (8) SLT 192

#reservesite