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Supreme Court of India 2021-11-16 allowed

THE STATE OF HARYANA & ORS vs SHALIMAR ESTATES PVT. LTD. & ORS

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

The State of Haryana challenged the High Court's decision quashing notifications declaring a land area as 'controlled' under the Controlled Areas Act, 1963 and as 'urban' under the Urban Development Act, 1975. The developer (respondent) had begun selling plots to the public before obtaining registered ownership and statutory permissions. The Supreme Court held that the Government's power to declare controlled/urban areas is valid if statutory requirements are met, and that the developer's prior investment or partial development does not invalidate the notifications. The Court allowed the appeal, holding that adequate statutory remedies exist for developers seeking permissions or exemptions. Allottees retain the right to pursue alternative remedies, including consumer complaints or seeking refunds from the developer.

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Urban Development Land Law Administrative Law Statutory Notifications Colony Development Consumer Protection Regulatory Compliance

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