Supreme Court Invalidates Change of Land Use for Cement Unit – Master Plan Cannot Be Bypassed
Master Plan – Governing statutory instrument for Land Use
The respondent no.9 purchased 47.82 acres for cement industrial unit in close proximity of agricultural lands and residential houses. The school is also located in the immediate vicinity.
The land was reserved as rural agricultural zone under the Master Plan and as such, the industry was not permissible.
However, on 13.12.2021, the Punjab Bureau of Investment Promotion Board issued change of land use and also pollution NOC on 14.12.2021 in favour of the cement unit.
HELD Once a Master Plan has come into operation under Section 70(5) of the PRTPD Act read with Section 75 of the PRTPD Act, it acquires statutory force and becomes the governing instrument for land use and development within the planning area. Any change which has the effect of altering land use permissibility, whether described as an amendment, modification, or revision, can be brought about only by following the procedure expressly prescribed by the statute.
Later approval of the Planning Board on 5.1.2022 could not cure the illegality. The permission must be “lawful” when it was granted. It cannot be rendered lawful by a later event unless the statute so provides.
Judgment dated 13.2.2026 of the Supreme Court of India in SLP (Civil) No.8316 of 2024 in Harbinder Singh Sekhon and others Vs. The State of Punjab and others and connected matters.
