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Supreme Court of India 2021-11-16 allowed

State of Haryana & Ors vs Shalimar Estates Pvt. Ltd. & Ors

Bench: 2 — V. Ramasubramanian

In Brief

The State of Haryana challenged a High Court judgment quashing two notifications that declared an area in Panchkula as controlled and urban under separate housing regulations. Shalimar Estates had begun developing a residential colony before the notifications were issued, having purchased land through agreements and starting allotments. The High Court had set aside the notifications, reasoning the area was already functioning as a colony. The Supreme Court reversed this, holding that statutory declarations of controlled or urban areas need only satisfy jurisdictional requirements—here, proximity to towns—regardless of prior development. The Court found the developer must apply for regulatory permission under the relevant Acts rather than challenge the notifications themselves. Statutory remedies and exemption provisions remain available to both developers and allottees.

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