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Supreme Court of India

Association of Vasanth Apartments’ Owners v. V. Gopinath & Ors

Neutral citation
Bench K. M. Joseph and Pamidighantam Sri Narasimha JJ.
Decided 13 February 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid position the entire concept of right to property has to be viewed with a different mindset than the mindset which was prevalent during the period when the concept of eminent ASSOCIATION OF VASANTH APARTMENTS’ OWNERS v.

Judgment, page 103

From the headnote

Tamil Nadu Town & Country Planning Act, 1971 – s.39 – Development Control Rules – Rule 19 – Regulation 29(6) – Chennai Metropolitan Area – Appellants were owners of certain apartments situated in a complex which consisted of 12 blocks – Total area of the layout was more than 10,000 sq. metres – Portion of land was earmarked in terms of Rule 19 of the Development Control Rules (DCR) as Open Space Regulation Area (OSR) – Said rule mandates that 10% of the area of any developmental plan having area 10,000 sq. meter or more should be reserved as open space for communal and recreational use and…

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