Urban Planning and Land Use Laws

Question 1

Bangalore Medical Trust v. B.S Mudappa

Answer 1

1. The conversion of a park into hospital was held to be invalid
2. Land reserved for a public park and playground cannot be utilised for any civil amenity
3. Open space is to remain open space
4. Municipality has to use the land for the purpose envisaged in the scheme, where the plot was reserved as playground under the development plan, it was held that it could not be utilised for any other purpose.

Question 2

R.K Mittal v. State of UP, AIR 2011

Answer 2

Development Authority (New Okhla) Sector specifically earmarked for
‘residential use’ in the master plan of the New Okhal Industrial
Development Area
* Commercial activities will not permit commercial activity in the
residential place-bank has to vacate the same and restore it for
residential place

Question 3

Dipak Kumar Mukherjee vs. Kolkata Municipal
Corporation and Ors.

Answer 3

In both developed and developing nations, city planning emphasizes zoning and building regulations to ensure organized development. These regulations, grounded in scientific research and experience, aim to balance private property rights with public welfare, prioritizing health, safety, and ecological considerations. While property owners may face restrictions on the profitable use of their land, such controls are not arbitrary but essential for public good. Municipal laws regulate aspects like floor area, height, and usage to promote peace, order, and community well-being. They eliminate unhealthy environments, reduce fire hazards, manage traffic congestion, and ensure access to recreational facilities and essential utilities. Structural regulations govern building heights, open spaces, population density, and setbacks, fostering better living conditions and safety. Violating these laws compromises public welfare and convenience, emphasizing the critical role of zoning in achieving sustainable and safe urban development.

Question 4

M/S Imperial Structure Ltd v. Anil Patil & Others

Answer 4

Section 79 of RERA does not bar the remedies under consumer protection Act, 2019
Choice and discretion is given to the allottee

Question 5

Development Authority v. M.K. Gupta 1994

Answer 5

The term ‘housing construction’ was introduced within the ambit of ‘service’ by the Consumer Protection (Amendment) Act, 1993.
Various housing and development boards engaged in the business of providing housing by acquiring land, developing sites and constructing houses thereon were clearly covered by the Act and they can be held liable for any deficiency. However the Supreme Court read in ‘housing construction’ in the landmark case even before the amendment

Question 6

State of Karnataka v. Vishwabharathi House Building Coop. Society

Answer 6

Beneficial construction of the Act secures remedy to the victim who is unjustly denied of relief. Further, one of the most sacrosanct principles of interpretation of statute is that a statute should be interpreted in such a way that mischief is suppressed and remedy is advanced.

Question 7

Forum for People’s Collective Efforts (FPCE) & Anr. v. The State
of West Bengal & Anr

Answer 7

West Bengal Housing Industry Regulation Act, 2017
* The court has also ruled under Article 142 that the registrations and permissions under
WBHIRA are saved under the doctrine of prospective overruling. The ramifications of
this decision are that:
a. The massive relief that the promoters and consumers will benefit from is the saving of
registration of real estate projects and the projects in existence would not be
rendered non-compliant.
b. The promoters would not be allowed to seek a refund and charge from the fees
already paid to the state government

Question 8

Delhi Development Authority v. Shanti Devi, 2000 (3) CPR 152 (Del).

Answer 8

Providing amenities in new localities is now becoming an
important activity for builders and it is essential that the
housing boards should provide all the amenities which have
been promised to the consumers.
▪ If the housing board does not provide amenities like schools,
roads, or other such amenities mentioned in brochures such
as swimming pool, health club etc., it would be guilty of
deficiency.
▪ Delivery of possession of flats in dilapidated condition
without basic amenities, like sewerage, water supply and
electricity.