Wednesday, July 16, 2014

40% cut in non-TP private land upheld by Gujarat High court

 The Gujarat high court on Tuesday upheld the provisions of deducting 40% of the land from private occupiers in non-TP areas, where the development plan is yet to be applied. The HC said that looking at the future needs for the town planning, taking away a chunk of land from occupiers for public purpose is valid and not in violation of the constitutional rights of the owners.

The court observed that the action of deducting 40% of land from occupiers and developers before the area falls under a TP scheme does not amount to land acquisition. "Looking at the future need and providing amenities like roads, drainage, garden and parking in micro-planning, competent authority can direct concerned land parcel holders to deduct 40% area. The authority has power to enforce such a regulation," a division bench said, while turning down a PIL by Vadodara Shaheri Jilla Khedut Mandal.

The PIL had challenged provisions of General Development Regulations (GDR) issued by the urban development authority and state government. "For development, where the town planning scheme is not declared, the competent authority shall enforce owners or applicants to contribute land admeasuring up to 40% in aggregate of its plot or building," reads the GDR rule.

In December last year, the HC had approved similar provision of taking away 40% of land from private occupiers for granting development permission in the development plan area of a city. The court had then observed that this deduction is not 'deprivation of property' but for a larger public interest. The same petitioner had questioned the rule and argued that depriving the land owners in this fashion is violation of Article 300-A of the Constitution. But the court disproved the contention.

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