SHIRDI NAGAR PANCHAYAT versus KISHOR SHARAD BORAWAKE AND OTHERS

SHIRDI NAGAR PANCHAYAT versus KISHOR SHARAD BORAWAKE AND OTHERS

The High Court's finding that open space must remain as open space for plot holders is upheld; however, the amenity space was reserved by the State as a pre-condition for conversion and the landowners had accepted that condition and executed agreements and effected mutation in favor of the Municipal Council; therefore the amenity space vests in the Municipal Council and the High Court erred in equating amenity space with open space; the appeals are allowed and the High Court order of 04.07.2019 is quashed and set aside.

Parties
Appellant (municipal Council): Shirdi Nagar Panchayat; Respondent (landowner): Kishor Sharad Borawake; Respondents (plot Holders): Plot holders / Subsequent purchasers
Jurisdiction
India
Judgment Date
22 September 2023
Procedural Posture
Civil Appeal / Final Judgment on Appeal by Supreme Court; Appeals Allowed and Impugned High Court Order Quashed and Set Aside
Outcome
Appeals allowed; impugned common judgment and order dated 04.07.2019 of the High Court quashed and set aside; writ petitions dismissed.
Legal Topics
Compulsorily Reserved Land, Open Space Vs Amenity Space, Mutation and Revenue Records, Doctrine of Election, Approbate and Reprobate, Delay and Laches, Relief Under Article 142
Land Use Conversion Town and Country Planning Property Law Administrative Law Compulsorily Reserved Land Open Space Vs Amenity Space Mutation and Revenue Records Doctrine of Election +3 more

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Parties

Shirdi Nagar Panchayat

Appellant (municipal Council)

Kishor Sharad Borawake

Respondent (landowner)

Plot holders / Subsequent purchasers

Respondents (plot Holders)

Procedural Posture

Civil Appeal / Final Judgment on Appeal by Supreme Court; Appeals Allowed and Impugned High Court Order Quashed and Set Aside

Legal Issues

  1. 1 Whether the Government notification dated 18.08.2004 converting land from No Development/Green Zone to Residential Zone subject to reservation of 10% open space and 10% amenity space was liable to be quashed
  2. 2 Whether ownership of 'open space' and 'amenity space' vests in landowners/plot holders or in the Municipal Council
  3. 3 Whether Municipal Council could require transfer of amenity space as a condition for conversion/development

Ratio Decidendi

The High Court's finding that open space must remain as open space for plot holders is upheld; however, the amenity space was reserved by the State as a pre-condition for conversion and the landowners had accepted that condition and executed agreements and effected mutation in favor of the Municipal Council; therefore the amenity space vests in the Municipal Council and the High Court erred in equating amenity space with open space; the appeals are allowed and the High Court order of 04.07.2019 is quashed and set aside.

Court Disposition

Appeals allowed; impugned common judgment and order dated 04.07.2019 of the High Court quashed and set aside; writ petitions dismissed.

Orders

  • Impugned common judgment and order dated 04.07.2019 set aside
  • Writ petitions filed by landowners and plot holders dismissed