In Brief
Shewalkar Developers sought permission to construct a health/eco-resort on two plots in Pachmarhi, Madhya Pradesh, allegedly purchased from a prior owner Dennis Torry via registered deed. State authorities and the Central Empowered Committee opposed citing pending litigation over the original transferor's title and location within a protected wildlife sanctuary. The Supreme Court held that the applicant's proprietary rights under Article 300A cannot be defeated solely by litigation affecting the original seller, especially when the applicant was never made a party to such suits. However, any construction must comply with the Eco-Sensitive Zone notification (2017) and subject to outcome of the pending writ appeal. The Court directed competent authorities to objectively decide the application within two months, considering actual ESZ boundaries and existing resort precedents.
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