The landmark judgement given by Bombay High Court last Wednesday
In a landmark judgment, the Bombay high court on Wednesday held that developers and landowners cannot escape liability of surrendering their excess land despite the repeal of Urban Land (Ceiling and Regulation) Act in 2007.
The HC empowered the state to recover the excess land for public housing from private landowners for violations under the now defunct Act. Several major builders with land holdings mainly in the eastern suburbs and Thane are expected to be hit by the order. They may move the Supreme Court. In a majority verdict, a three-judge bench held that the state is empowered to enforce, even today, a scheme permitted under the 1976 Act so far as schemes under Section 20 are concerned.
Under this section of Ulcra, developers could get their lands exempted if they handed over 5 percent of the flats for public housing. An individual could hold land not more than 500 sqm in size and the rest had to be surrendered for public housing.
This new decision has been taken by the Bombay high court last Wednesday regarding what the developers have to do in case of extra land holdings.
Source: The Times of India
Bombay High Court, defunct Act, Developers, Eastern suburbs, judgement, Supreme Court, Urban Land Act in 2007
