Supreme Court Upholds Rule Requiring Builders To Reserve Open Spaces In Developed Plots :- Supreme Court of India
The Supreme Court of India passed a judgement on 13th February, 2023. This was seen in the case of Association of Vasanth Apartments Owners vs V. Gopinath and others (1955) 1 SCR 613 And he case was presided over by Hon’ble Justices KM Joseph and PS Narasimha.
FACTS OF THE CASE:
In this case the Rule 19 of the Development Control Rules for the Chennai Metropolitan Area was in question. The Rule mandated that 10% of the area of any developmental plan having area 10,000 sq. meter or more should be reserved as open space for communal and recreational use and that such open space area must be transferred to the local authority free of cost through a registered gift deed.
A bench comprising Justices KM Joseph and PS Narasimha rejected the pleas to declare Rule 19 as void. The bench held that Rule 19 did not violate Arti Article 14 for being unreasonable or violate the right to property under Article 300A of the Constitution. The bench also rejected the argument that such compulsory reservation of open space in favour of the local authority will amount to acquisition of land.
As regards the argument on Article 14 violation, the judgment authored by Justice Joseph observed “We are unable to persuade ourselves to hold that the impugned rule violates Article 14 on the score that it is discriminatory. In a challenge to a provision based on discrimination under Article 14, the burden is on the applicant to lay clear foundation in pleadings and further to discharge the burden by making good the case and the court will not lightly enter a finding of discrimination. Town planning being a complex subject involving various inputs and value judgements which are intended to ensure the orderly, visionary and planned development, they require greater deference from courts.”
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Judgement reviewed by Drishti verma