No gifting of land by developer/owner to local authority,held, ownership of land never transfered to appellant/corporation- Appellant/corporation can't claim any title

Citation

CDJ 2010 SC 769

Head note

Tamil Nadu Town and Country Planning Act, 1971 - section 38 - The Madurai City Municipal Corporation Act, 1971 - Section 250 - the respondent herein and the original Writ Petitioner was a party to that Writ Petition and to the judgment whereby specific permission was granted for the construction in plot Nos. 276 and 269 which was part of the 40 plots - the application for sanction could be rejected only in case the detailed development for this area, the two plots came under the classification `reserved for public purpose'. Even giving three months' time, such step could not be taken and indeed it could not have been taken in view of the earlier factual scenario - it is clear that the State Government had taken a right stance in G.O - The High Court in the last, has given the direction that the plots covered in LP/MR 1/75 cannot be used for any purpose other than public purpose mentioned therein with the exception of the plot Nos. 276 and 369. This court opinion, this was a completely incorrect direction particularly because way back in 1982, plan No.1/75 was treated as cancelled and there was no revival of that plan - respondent No.1 had filed an Original Suit in his capacity as a resident of Karpaga Nagar Colony wherein he had sought for an injunction restraining the Trust from selling or using the property for any purpose than the purpose for which it was reserved in LP MR 1/75 - This court cannot affirm the judgment of the High Court. It is set aside and the Writ Petition filed by the respondent is directed to be dismissed with costs of Rs.50,000/-.

(Para 23 to 27)

Case Law Referred:
1. Bangalore Medical Trust Vs. B.S. Muddappa & Ors. [1991 (4) SCC 54]
2. Balakrishna H. Sawant & Ors. Vs. Sangli Miraj & Kupwad City Municipal Corporation & Ors. [2005 (3) SCC 61].
3. Raju S. Jethmalani & Ors. Vs. State of Maharashtra & Ors. [2005 (11) SCC 222].

Comparative Citations:
2010 (7) SCJ 234, 2010 AIR(SC) 3266, 2010 (9) SCC 344, 2010 (8) MLJ 808, 2010 AIR(SCW) 5226, 2010 (9) SLT 696

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