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Supreme Court of India 2020-03-04 allowed

MADHYA PRADESH HOUSING AND INFRASTRUCTIVE DEVELOPMENT BOARD vs VIJAY BODANA

Bench: 3 — N.V. Ramana, Sanjiv Khanna, Krishna Murari

In Brief

The Madhya Pradesh Housing Board developed a residential colony (Indira Nagar) and later sought to modify the approved layout plan, converting 1.52 hectares designated for a commercial shopping complex into residential plots. A High Court judgment quashed this modification and declared related sales void, relying on promissory estoppel principles and concerns about allottees who paid extra for plots near amenities. The Supreme Court reversed this, holding that layout plan modifications are permissible under applicable planning law if they comply with statutory procedure and development norms. The Court emphasized that delay of seven years in challenging the modification, combined with creation of bonafide third-party rights, barred the writ petition. It directed that unsold residential plots be reserved for public amenities.

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Town and Country Planning Land Use Administrative Law Housing Development Layout Plan Modification Statutory Interpretation

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