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Research Paper | Urban and Regional Planning | India | Volume 13 Issue 2, February 2024 | Popularity: 5.2 / 10

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Analyzing the Government's Authority to Reserve the Property in Development Plans for Public Purpose vis-a-vis Individual's Right of Purchase Notice: A Legal Perspective

Vinod Maheshwari

Abstract: The article delves into the intricate legal aspects surrounding the Government?s power to reserve private lands / properties for public purpose in Development Plans of the municipal towns vis-?-vis rights of individuals to hold, develop and dispose it. Focusing on a specific case study, where decades old land of individuals has been reserved in the Development Plan without any intention of the Appropriate Authority to acquire it, the purchase notice served by him has been taken for a ride by the Government by fraudulently trying to re-reserve it for unknown public purpose with a view to deny the benefits of land to the owner thereof. This comprehensive analysis examines the Constitutional & Statutory provisions relating to purchase notice as well as the legality involved in confirmation thereof. It explores key issues such as essentials of a valid purchase notice, confirmation thereof, deemed lapsing of reservation of development plan, impact of development plans and rights of land owners against unlawful reservation of their properties for public purpose for decades together with no intention of the Planning Authorities to acquire it within stipulated time. Ultimately, this article provides insight into the potential remedies available to the land owners facing reservation of their lands in development plans and broader implications on socio economic facilities of the town.

Keywords: Appropriate Planning Authority, Development Plan, Planning Standard, Reservation, Land Use Change, Legal analysis, Land Acquisition, Constitutional Rights

Edition: Volume 13 Issue 2, February 2024

Pages: 1721 - 1726

DOI: https://www.doi.org/10.21275/SR24217182754

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