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Aflatoon And Others vs Lt. Governor Of Delhi & Others on 23 August, 1974

22. As pointed out in the above judgments, there is no need that the land proposed to be acquired by the Government for a particular public purpose should be for the same purpose or use mentioned in the master plan or Zeal Plan for the said area. Nor Gupta Shivani 2013.08.02 12:10 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 7858 of 2011 31 will the acquisition be invalid merely because the land proposed to be acquired is for a purpose other than the one permitted by the Master Plan or Zonal Plan applicable to that locality. Acquisition will be valid if it is for a public purpose even if it is not for the type of user permitted by the Master Plan or Zonal Plan in force at the time the acquisition is made. It will be for the beneficiary of the acquisition to move the competent authority under the Development Act and obtain the sanction of the said authority for suitable modification of the Master Plan so as to permit the use of the land for the public purpose for which the land is acquired. In fact, it may be difficult for the beneficiary of the acquisition to move the competent authority under the Development Act seeking permission to change of land use even before the land is acquired or before possession is givento the beneficiary. On the principle stated in Aflatoon's case (AIR 1974 SC 2077), it is clear that acquisition for a public purpose and obtaining permission from competent authority under the concerned Development Act for change of land use are different from one another and the former is not dependent upon the latter.
Supreme Court of India Cites 30 - Cited by 373 - K K Mathew - Full Document
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