USMAN GANI J. KHATRI OF BOMBAY ETC. ETC. versus CANTONMENT BOARD AND ORS. ETC. ETC.

USMAN GANI J. KHATRI OF BOMBAY ETC. ETC. versus CANTONMENT BOARD AND ORS. ETC. ETC.

Building plans can only be sanctioned according to building regulations in force at the time of sanctioning; no legal right accrues until plans are sanctioned after full payment of conversion charges and completion of conversion. Petitioners’ plans, if resubmitted, are subject to the 1988 bye-laws in force, not previous schemes.

Parties
Petitioner: Usman Gani J. Khatri of Bombay; Respondent: Cantonment Board; Petitioners/respondents: Others
Jurisdiction
India
Judgment Date
01 May 1992
Procedural Posture
Special Leave Petition (civil) / Final Disposition by Supreme Court
Outcome
petitions dismissed
Legal Topics
Building Bye Laws, Land Conversion, Building Plan Sanctions, Urban Environmental Regulation
Municipal Law Urban Planning Administrative Law Building Bye Laws Land Conversion Building Plan Sanctions Urban Environmental Regulation

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Parties

Usman Gani J. Khatri of Bombay

Petitioner

Cantonment Board

Respondent

Others

Petitioners/respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Applicability of amended building bye-laws and schemes to pending building plans
  2. 2 Whether any legal right accrues prior to sanction of building plans
  3. 3 Legal effect of non-payment or partial payment of conversion charges

Ratio Decidendi

Building plans can only be sanctioned according to building regulations in force at the time of sanctioning; no legal right accrues until plans are sanctioned after full payment of conversion charges and completion of conversion. Petitioners’ plans, if resubmitted, are subject to the 1988 bye-laws in force, not previous schemes.

Court Disposition

petitions dismissed

Orders

  • No order as to costs
  • Petitioners to submit fresh building plans, if any, governed by 1988 bye-laws