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Supreme Court of India 2020-05-19 allowed

Area Planning Authority & Anr vs Nandi Infrastructure Corridor Enterprise Limited & Ors

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

A major infrastructure corridor project between Bangalore and Mysore was awarded to developers via a 1997 Framework Agreement specifying five designated townships at fixed locations. In 2012, the developers applied for permission to build a 42-acre group housing complex at interchange areas (outside the five townships). The Planning Authority rejected this in 2015. The High Court quashed the rejection and ordered the authority to issue a permit immediately. The Supreme Court allowed the appeals, holding the developers could not bypass the Framework Agreement's requirements by directly appealing to statutory town-planning regulations. Prior written State approval for any deviation from the agreement was mandatory. The Court set aside the High Court's mandamus and gave developers liberty to seek State approval first, then reapply to the authority.

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Administrative Law Real Estate Town Planning Infrastructure Projects Contractual Obligations Statutory Compliance

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