Legal Provisions Involved: Punjab Regional and Town Planning and Development Act, 1995 (Sections 70, 75, 76, 79, 80, 81); Environment (Protection) Act, 1986; EIA Notification, 2006; PPCB Notification dated 02.09.1998; Articles 14, 21, and 32 of the Constitution of India.
Judgement by: Supreme Court of India.
Judge/Bench: Justice Vikram Nath and Justice Sandeep Mehta.
Facts
Agriculturalists and Vasant Valley Public School challenged the Change of Land Use (CLU) dated 13.12.2021 granted to Shree Cement North Private Limited for establishing a cement grinding unit near Sangrur, Punjab. The site fell within a rural agricultural zone, where red category industries were impermissible.
Key Legal Provisions
Punjab Regional and Town Planning and Development Act, 1995 (Sections 70, 75, 76, 79, 80, 81); Environment (Protection) Act, 1986; EIA Notification, 2006; PPCB Notification dated 02.09.1998; Articles 14, 21, and 32 of the Constitution of India.
Issues raised
- Whether CLU could be granted when the site fell in a rural agricultural zone under the Master Plan.
- Whether subsequent Board approval could retrospectively cure the unlawful CLU.
Arguments of the case
The Appellant argued that the CLU lacked statutory backing, the site was in a non-conforming zone and no valid Master Plan amendment was undertaken. The Respondent on other hand argued that the Board’s ex post facto approval cured the defects and the compliance was verified through SDM certification.
Judgement
The Supreme Court quashed the CLU dated 13.12.2021 and the consequent No Objection Certificate. It held that a CLU cannot override the Master Plan and retrospective administrative approval cannot cure jurisdictional defects.
Click here to VIEW the full judgement.
