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
- Whether promissory estoppel prohibited an otherwise lawful modification of an approved colony layout.
- Whether delay and third-party rights warranted rejection of the writ challenge.
- What protection should apply to amenity land and unsold plots.
Held
- Development plans, zonal plans and colony layouts perform distinct functions. A layout may be modified through the lawful procedure in conformity with superior plans and development-control norms. Promissory estoppel does not make the original layout immutable. (¶ 6)
- The land had been earmarked for a shopping complex, not an open space or park. Lack of demand over more than twenty years and existing shops were material to the decision to replace the proposed complex with housing. No breach of prescribed procedure or planning norms had been established or contended. (¶¶ 6, 7)
- The nearly seven-year delay had enabled sale of forty-two plots and construction by bona fide purchasers. The High Court failed to give proper weight to delay, changed positions and third-party rights, and adversely affected owners without hearing them. (¶ 8)
- The Municipal Corporation’s objection could not be presumed from its non-participation; the High Court could have sought its views if necessary, while the State and planning authorities supported the modification. (¶ 9)
- Land earmarked for the primary school and park or garden must not become residential plots. Remaining unsold residential plots must not be allotted or sold and must be used for public amenities such as parks, gardens or playgrounds. (¶¶ 10, 11)
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.