In Brief
The Supreme Court allowed an appeal by the Madhya Pradesh Housing Board against a High Court decision that had struck down the Board's approved modification of a layout plan. The Board sought to convert a 1.52-hectare commercial area (shopping complex) to residential use, which was procedurally approved by the Commissioner and Deputy Director under the Town Planning Act. The High Court had invalidated this, relying on promissory estoppel. The Supreme Court held that layout modifications are lawful if procedurally sound and conforming to development norms. It emphasized that the High Court erred by ignoring the seven-year delay in filing the petition and the creation of third-party rights (42 of 52 plots sold). The Court upheld the modification but directed that adjacent school and park lands not be converted to residential use and unsold plots be reserved for public amenities.
The lawyer headnote and full judgment text are available to registered users.