In Brief
The Supreme Court upheld the constitutional validity of Rule 19 of the Development Control Rules (DCR) requiring developers to reserve 10% of land excluding roads for communal and recreational purposes and transfer it free of cost via gift deed when a layout exceeds 10,000 square metres. The Court held that the Rule is statutory in nature, part of the Government-approved Master Plan, and does not violate Articles 14 or 300A of the Constitution. It does not constitute acquisition of land or deprivation without law. The Court interpreted 'communal purpose' expansively to include public access to such open spaces in large developments. The gift deed requirement is a safeguard to ensure compliance and prevent misuse, transforming the local authority into a trustee rather than absolute owner. The provision exercises valid police power in town planning rather than eminent domain, and represents legitimate regulation of property rights for planned urban development. The Court disposed of civil appeals while dismissing other appeals and writ petitions challenging the regulation's validity.
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