much as the property
was not ear marked for public purpose in any public records, the
Appellant/Welfare Association is not entitled to invoke extraordinary ... that as
to how 70 cents of land ear marked for public purpose under planning permission
of the year 1973 obtained by the Fourth Respondent
final plot
No.538 and the said plot was reserved under the Development Plan for the
year 1976 for a public purpose namely, `Hospital ... final plot under a Town Planning Scheme. Pertinently, the final plots
allotted are not recovered for any public purpose. The reservation is
clamped
integrity of this document
Hihg Court Chandigarh
public purpose. It is maintained that the acquired plots are lying
vacant, hence the petitioners can not take ... view that the 'public
purpose' can be achieved even after releasing the plots of the
petitioners, let appropriate orders be passed within
whether partially built or vacant small size plots can also be released
without affecting the 'public purpose ... acquisition, say when an
isolated small plot cannot be utilized for any 'public purpose' and the
owner is willing to deposit external/internal
plots and also the public in general. The layout approval having been granted with the condition that 53.80 cents be earmarked for public purpose ... granting permission to change the user of the land from public purpose to housing plot in respect of a land in Coimbatore and in paragraph
release
of acquired land around the petitioner's plot, no 'public
purpose' can possibly be achieved by retaining a small piece ... others (2012) 9 SCC 503. It also
appears that no 'public purpose' can be achieved by retaining
Kumar Mohinder
reserved for, any public purpose, or for a
purpose of the appropriate authority and the final plots;
(ii)
after giving notice as aforesaid, determine ... each
plot used, allotted or reserved for a public purpose or for the
purpose of the appropriate authority which is beneficial partly to
the owners
reserved for, any public purpose, or for a purpose of
the appropriate authority and the final plots;
after
giving notice as aforesaid, determine ... allotted final plot No.45-1, since final
plot No.46 has been allotted to Surat Municipal Corporation for
public purpose. It is, therefore, submitted
level of plot no. 37 and plot no. 36-B and
that the CIDCO shall maintain the public car parking of plot ... been taken
and no public interest suffers. No public purpose is involved to
stop the construction by Tunga on plot
located in a thickly populated area and no public purpose
can be achieved by acquiring the same. Reference is also made to
the fresh survey ... wherever it is not found feasible to utilize the same for public
purpose, we dispose of these writ petitions with a direction to the
respondents
