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Dashmesh Educational Society v. Punjab Urban Development Authority & Others

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 4684-4685 of 2005)Decided 25 Mar 2015
Civil Appeal Nos. 4684-4685 of 2005
Justice Ranjan Gogoi · Justice N.V. Ramana

Background

This order sends the case back; it does not decide the dispute. A society claimed that its 1998 application to set up a club and resort was deemed granted because the authorities did not refuse it in writing within 90 days, as the Punjab New Capital Periphery Control Act, 1952 required. The trial court and first appellate court agreed, but the High Court reversed on second appeal.

Decision Breakdown

This is not a final decision on the dispute. The Court noted that in connected appeals decided on 21 May 2014 it had sent back to the High Court the question whether the same land is forest land under the Forest (Conservation) Act, 1980. It held that this question had to be answered to decide the society's claim and directed that the High Court make that determination, with fresh evidence if needed. The appeals were disposed of in those terms, and two connected petitions about related notifications were dismissed as time-barred.

Lesson Learnt

There is no final ruling yet on whether the society's permission was deemed granted. That depends on whether the land is forest land, which the High Court must decide.

Official source (sci.gov.in)View Judgment (PDF)

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