Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Environmental law

HARBINDER SINGH SEKHON & ORS. versus THE STATE OF PUNJAB & ORS.

The CLU dated 13.12.2021 was unlawful because the site was zoned rural agricultural under the operative Master Plan and the PRTPD Act prescribes that any alteration of land use must follow the statutory procedure (ss.70,75,76); the Planning Board's approval on 05.01.2022 could not retrospectively cure the jurisdictional defect or operate as an amendment of the Master Plan without compliance with the statutory revision process; siting norms and prior environmental clearance requirements were not satisfied; consequently the CLU and related pollution consent (insofar as based on it) were quashed…

Source excerpt

  • Change of land use
  • Master plan alteration and revision
  • Siting norms and buffers
  • Environmental clearance (eia notification, 2006)
  • Industrial categorisation
  • Precautionary principle
Read case analysis
Land use planning

PURUSHOTTAM versus STATE OF KARNATAKA & ORS.

A site reserved for a specific civic amenity (bank) cannot be allotted for another civic amenity (petrol pump) without amending the development plan; Section 38A(1) and (2) of the BDA Act preclude such diversion, and any contrary disposition is null and void. Rule 3 of the BDA Allotment Rules, 1989 cannot override the statutory provision.

Source excerpt

  • Civic amenity reservation
  • Statutory interpretation
  • Land allotment
  • Development authority powers
Read case analysis
Municipal law

MUNICIPAL CORPORATION RAJASTHAN versus SANJEEV SACHDEVA AND OTHERS

The demand for conversion charges by the Municipal Corporation was legal and valid under the amended Section 173-A of the Rajasthan Municipalities Act 1959, as inserted by Amendment Act 19 of 1999 and implemented through the 2000 Rules. The High Court erred in applying Pareshar Soni's case, as that decision was based on the un-amended provisions, which are substantially different in scope and effect from the amended law.

Source excerpt

  • Interpretation of amended section 173-a of rajasthan municipalities act 1959
  • Power to demand conversion charges for change of land use
  • Validity of demand notices under amended act
  • Application of precedent with respect to legislative amendments
Read case analysis
Constitutional law

M.C. MEHTA versus UNION OF INDIA AND ORS.

Commissioner of MCD is empowered under Section 345A DMC Act to seal premises misused for commercial purposes, reversing Delhi High Court's contrary view; none has right to violate planning laws; rule of law must be preserved; implementation and enforcement of law to stop misuse cannot be delayed; accountability of owners and officers involved; phased action directed beginning with main roads.

Source excerpt

  • Misuse of residential premises for commercial use
  • Rule of law
  • Polluter pays principle
  • Town planning and building regulations
  • Power to seal premises
  • Accountability of government officers
Read case analysis
Administrative law

SYED HASAN RASUL NUMA AND ANR versus UNION OF INDIA AND ANR.

Section 44 requires that public notice about modifications to the Master Plan be disseminated by at least two of the three methods prescribed (affixing, beat of drum, newspaper advertisement). In the instant case, publication by only one method (newspaper) was insufficient, rendering the notice and actions pursuant to it invalid.

Source excerpt

  • Master plan modification
  • Public notice requirements
  • Statutory interpretation
Read case analysis
Administrative law

K. RAMADAS SHENOY versus THE CHIEF OFFICERS, TOWN MUNICIPAL COUNCIL, UDIPI AND ORS.

The municipal resolution permitting conversion of a residential building to a cinema theatre had no legal foundation and violated the Town Planning Scheme; excess statutory power is not cured by acquiescence or estoppel; illegality is incurable regardless of expenditure.

Source excerpt

  • Town planning scheme
  • Statutory authority
  • Estoppel
  • Municipal powers
  • Residential area protection
Read case analysis

About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.