VidhiSangh

Supreme Court of India · 04/03/2020

MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND ANOTHER versus VIJAY BODANA AND OTHERS

[2020] 3 S.C.R. 1207 · 2020 INSC 262

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld modification of Indira Nagar’s approved layout from a shopping complex to residential plots. Promissory estoppel did not bar a lawful modification conforming to planning norms, and the belated challenge overlooked purchasers’ accrued rights. The Court nevertheless protected land earmarked for a primary school and park or garden and directed that the remaining unsold residential plots be reserved for public amenities.

Issues

  1. Whether promissory estoppel prohibited an otherwise lawful modification of an approved colony layout.
  2. Whether delay and third-party rights warranted rejection of the writ challenge.
  3. What protection should apply to amenity land and unsold plots.

Held

Result

Appeal allowed and layout modification upheld, subject to protection of school and park/garden land and reservation of all remaining unsold residential plots for public amenities. No costs.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 1207.