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Supreme Court of India

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

Neutral citation
Reported as [2023] 9 S.C.R. 1019
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 V ASANTH 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) – hennai Metropolitan Area – Appellants were owners of certain a partments situated in a complex which consisted of 12 blocks – Total ar ea of the layout was more than 10,000 sq. metres – Portion of l and was earmarked in terms of Rule 19 of the Development Co ntrol 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 com munal and recreational use

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