Court affirms the binding nature of Master Plan 2031, nullifying unauthorized land use conversions in Alwar.
In a significant judgment, the Rajasthan High Court's Jaipur Bench, presided over by Justice Anand Sharma, has upheld the cancellation of residential pattas issued for land classified as a Green Belt under the statutory Master Plan 2031. The case, "Vikas Modi v. State of Rajasthan," involved a writ petition challenging the cancellation of pattas issued contrary to the Master Plan's land use designations.
The petitioner, Vikas Modi, contended that he was a bona fide purchaser of land known as "Diwan Ji Ka Bagh" in Alwar, which had been regularized and converted for residential use. However, the land was originally designated as a Green Belt in the Master Plan 2031. The Municipal Corporation of Alwar had issued pattas to the petitioner, which were later revoked by the authorities, citing violations of the Rajasthan Municipalities Act, 2009, and the Rajasthan Land Revenue Act, 1956.
The court ruled that any conversion of Green Belt land for residential purposes without a statutory amendment to the Master Plan is impermissible. Justice Sharma emphasized the binding nature of the Master Plan as a statutory instrument and underscored the importance of preserving Green Belts for ecological balance and urban planning.
The judgment highlighted that the proceedings under Section 90-A of the Rajasthan Land Revenue Act, 1956, which led to the issuance of pattas, were void ab initio. The court noted that the pattas were issued based on misrepresentations and in contravention of the law, rendering them null and void.
The court also directed the initiation of departmental inquiries against officials involved in the unauthorized conversion and issuance of pattas, emphasizing the need for accountability to prevent misuse of urban planning laws.
Justice Sharma's ruling reaffirmed that actions contrary to the statutory planning framework are illegal, and any deviations from the Master Plan without due process cannot be permitted. The judgment serves as a reminder of the critical role of statutory Master Plans in guiding urban development and protecting ecological zones.
Bottom line:-
Land classified as a Green Belt under a statutory Master Plan cannot be converted for residential use without following the statutory procedure for amendment. Any pattas issued contrary to the Master Plan are void and subject to cancellation under Section 73-B of the Rajasthan Municipalities Act, 2009.
Statutory provision(s):
Rajasthan Municipalities Act, 2009, Section 73-B; Rajasthan Land Revenue Act, 1956, Section 90-A; Article 226 of the Constitution of India; Article 300A of the Constitution of India; Master Plan 2031.
Vikas Modi v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2942977
