Property - consideration - Delhi Municipal Corporation Act, 1957 - whether municipal corporation of Delhi in absence of any provision of Act entitled to sanction plan for building activities with condition that open space for parks and schools be transferred to Corporation free of cost - Corporation by virtue of land specified as open space may get right as custodian of public interest to manage it in interest of society in general - right to manage as local body not same as claim transfer of property to itself - resolution of Committee to transfer land in colony for park and school was order of transfer without there being sanction for same in law - Corporation have right to manage land which was earmarked for school, park etc. - Corporation not have any right to change user of land which shall be beneficial enjoyment of residence of colony - open to Corporation to get land transferred in its favour after paying market price as prevalent on date when sanction to layout plan accorded.
Equivalent Citation: AIR1995SC430, JT1994(7)SC159, 1994(4)SCALE695, (1995)1SCC47, [1994]Supp5SCR180
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 319 of 1976
Decided On: 26.10.1994
Pt. Chet Ram Vashist Vs. Municipal Corporation of Delhi
Hon'ble Judges/Coram:
R.M. Sahai and N.P. Singh, JJ.
