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Supreme Court of India 2020-05-19 allowed

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

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court reversed a High Court decision that had directed a planning authority to issue a Commencement Certificate for a group housing project. The Court held that the project developers must first seek the State's permission under the Framework Withdrawal Agreement to deviate from agreed specifications and regulations. Without exhausting this mandatory statutory procedure, the High Court was not justified in bypassing administrative channels. The developers were given liberty to approach the State authorities with a formal proposal to deviate from the existing terms, which the competent authorities could then consider appropriately.

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Infrastructure Planning Real Estate Administrative Law Writ Jurisdiction Urban Development Land Use Regulation

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