CHET RAM VASHIST versus MUNICIPAL CORPORATION OF DELHI & ANR.

CHET RAM VASHIST versus MUNICIPAL CORPORATION OF DELHI & ANR.

Failure of the Standing Committee to consider and dispose of the application for sanction to a lay-out plan under section 313 within the stated period does not lead to a deemed sanction. The statute merely prescribes time for disposal, without consequence of deemed approval. The revised lay-out plan application remains pending and must be expeditiously disposed of in accordance with the law.

Parties
Appellant: Chet Ram Vashist; Respondent No. 1: Municipal Corporation of Delhi; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
05 November 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 16 10 1973 of the Delhi High Court in LPA No. 238/72
Outcome
Appeal dismissed; directions issued
Legal Topics
Sanction of Lay Out Plans, Deemed Sanction, Interpretation of Municipal Statutes
Municipal Law Town Planning Sanction of Lay Out Plans Deemed Sanction Interpretation of Municipal Statutes

Case Brief

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Parties

Chet Ram Vashist

Appellant

Municipal Corporation of Delhi

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 16 10 1973 of the Delhi High Court in LPA No. 238/72

Legal Issues

  1. 1 Whether failure of the Standing Committee of the Municipal Corporation to consider an application for sanction to a lay-out plan within the period specified in section 313(3) of the Delhi Municipal Corporation Act, 1957, results in a deemed sanction to the plan.

Ratio Decidendi

Failure of the Standing Committee to consider and dispose of the application for sanction to a lay-out plan under section 313 within the stated period does not lead to a deemed sanction. The statute merely prescribes time for disposal, without consequence of deemed approval. The revised lay-out plan application remains pending and must be expeditiously disposed of in accordance with the law.

Court Disposition

Appeal dismissed; directions issued

Orders

  • The first respondent, Municipal Corporation of Delhi, is directed to refer the application dated 20th April, 1967, along with the lay-out plan accompanying it, to its Standing Committee, which will dispose of the application expeditiously in accordance with law.
  • No further relief is granted at this stage.