Transfer of Property Act:

Right of property - Sale - purchase of land/plot - Application for sanction of building plan dismissed by Municipal Corporation on ground that the plot fell on the reserved open space in the approved layout - Challenge to - Dismissed by Single Judge of High Court - Writ appeal dismissed by Division Bench of the High Court - On appeal, Held: Authority did not disclose to vendee about the fact of earmarking of the plot in question for the purpose of providing an open space to other land-owners - Prima facie, there is no provision in terms whereof the vendee could be deprived of her right of property without payment of any compensation - Hence, the impugned judgment set aside and the matter remitted to Single Judge of the High Court for consideration afresh.

Appellant purchased a plot situate at Balayya Sastry's layout, Visakhapatnam by way of a sale deed. However, the layout was not an approved one. A revised plan was approved in the year 1989, but the plot belonging to the appellant was not regularized. Aggrieved, the appellant-vendee made a representation to Urban Development Authority but no response was received by her. Appellant then filed an application for sanction of the building plan before the Visakhapatnam Municipal Corporation. The application was dismissed by the Corporation on the premise that the proposed constructions fell on the reserved open space in the Layout. Appellant challenged the order of the Corporation by filing a writ petition in the High Court, which was dismissed by a Single Judge of the High Court. Writ Appeal filed thereagainst was dismissed by the Division Bench of the High Court. Hence the present appeal.