B. P. JAIN AND ASSOCIATES versus STATE OF HARYANA AND ANOTHER

B. P. JAIN AND ASSOCIATES versus STATE OF HARYANA AND ANOTHER

The Supreme Court held that since the petitioner was willing to comply with all conditions (including payment of interest on security and reservation for weaker sections), and given the assurance by State authorities, revalidation of licence/permission must be granted for group housing scheme, subject to fulfillment of specific conditions under Rule 11 and reservation of 15% for weaker sections. Sections 8(2) & 8(3) were not applicable as no licence had been originally granted.

Parties
Petitioner: B. P. Jain and Associates; Respondent No. 1: State of Haryana; Respondent No. 2: Director, Town and Country Planning, Haryana (Chandigarh)
Jurisdiction
India
Judgment Date
12 December 1991
Procedural Posture
Writ Petition (civil) No. 981 of 1991 / Final Decision by Supreme Court
Outcome
Writ petition allowed
Legal Topics
Promissory Estoppel, Grant of Licence, Urban Development, Mandamus, Alternative Remedies
Administrative Law Town Planning Constitutional Law Promissory Estoppel Grant of Licence Urban Development Mandamus Alternative Remedies

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Parties

B. P. Jain and Associates

Petitioner

State of Haryana

Respondent No. 1

Director, Town and Country Planning, Haryana (Chandigarh)

Respondent No. 2

Procedural Posture

Writ Petition (civil) No. 981 of 1991 / Final Decision by Supreme Court

Legal Issues

  1. 1 Applicability of Sections 8(2) & (3) of Haryana Development and Regulation of Urban Areas Act, 1975
  2. 2 Whether refusal to grant licence after assurance and compliance amounts to arbitrary/unreasonable action
  3. 3 Applicability of promissory estoppel against the State

Ratio Decidendi

The Supreme Court held that since the petitioner was willing to comply with all conditions (including payment of interest on security and reservation for weaker sections), and given the assurance by State authorities, revalidation of licence/permission must be granted for group housing scheme, subject to fulfillment of specific conditions under Rule 11 and reservation of 15% for weaker sections. Sections 8(2) & 8(3) were not applicable as no licence had been originally granted.

Court Disposition

Writ petition allowed

Orders

  • Revalidation of licence/permission for 21.15 acres subject to petitioner fulfilling conditions stipulated in Rule 11 of Haryana Development of Rural and Urban Areas Act, 1976.
  • Execution of agreement in Form LC-IV(A) within 6 weeks.