VidhiSangh

Supreme Court of India · 14/02/2022

THE KOLHAPUR MUNICIPAL CORPORATION & ORS. versus VASANT MAHADEV PATIL (DEAD) THROUGH L.R.S & ORS.

[2022] 16 S.C.R. 358 · 2022 INSC 179

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

Summary

Landowners sought an order compelling Kolhapur Municipal Corporation to acquire land reserved in its development plan and pay compensation. The Court held that the reservation had lapsed because the required acquisition steps were not taken after the purchase notice. A resolution or budget provision did not suffice, and Gazette notification was consequential rather than a condition of lapse. It also rejected compulsory acquisition or TDR for the unsuitable flood-affected land on these facts.

Issues

  1. Whether the High Court could compel acquisition after statutory lapse of the reservation.
  2. Whether a resolution, budget provision or absence of Gazette notification prevented lapse.
  3. Whether the landowners could instead compel grant of transferable development rights.

Provisions considered

Held

Result

Principal appeal allowed; acquisition mandamus set aside and landowners’ writ petition dismissed. TDR request rejected. Connected appeal partly allowed to declare statutory lapse of the reservation. No costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 358.