Mere by sanctioning lay-out plans according the public interest, the corporation does not get any title in the property of the owner only because such property has been marked as parks and lawns - The Corporation cannot claim title in the property unless it is properly acquired and compensation is paid to the owner

Citation

CDJ 1994 SC 141

Head note

Delhi Municipal Corporation Act, 1957, Section 313 - Sanction of Plans - Lay-out plans - The Corporation is an authority to lay-out and sanction the lay-out plans as the same may serve the public interest best - However, mere by sanctioning lay-out plans according the public interest, the corporation does not get any title in the property of the owner only because such property has been marked as parks and lawns - The Corporation cannot claim title in the property unless it is properly acquired and compensation is paid to the owner - Corporation may have the right of management of such properties of public use as a custodian in the public interest but mere being a custodian does not confer any title in the property - Corporation can get it transferred only in accordance with law. [Paras 4 to 8]

Case Referred:
1. M/s. D.L.F. Housing and Construction (P) Ltd. v. Delhi Municipal Corporation and others, 1969 ILR Delhi 1055.

Comparative Citations:
1995 AIR(SC) 430, 1994 (7) JT 159, 1994 (4) Scale 695, 1995 (1) SCC 47,

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