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K.BALAKRISHNAN NAIR
Shasthri Nagar Colony Welfare Committee, Represented by its Secretary – Appellant
Versus
The Calicut Development Authority, Represented by its Secretary – Respondent
Key Points: - The court held that the open space reserved for parks and nursery school cannot be sold or used for non-residential purposes without proper variation of the town planning scheme; Ext.P5 was quashed for ultra vires. (!) (!) (!) (!) - Government action to permit sale of open space without following Section 15 Madras Town Planning Act procedures (variation or revocation) is improper; variation must be done via a subsequent scheme with compliance and public objection consideration. (!) (!) (!) (!) - Open spaces in residential developments are intended as lung space and for health benefits; authorities act as trustees and must preserve open spaces for public use; sale or diversion is prohibited where it defeats the statutory purpose. (!) (!) (!) (!) (!) - Rule 55 of Kerala Development Authorities Rules requires prior Government approval for disposal of substantial parts of an undertaking; however, the court found Ext.P5 invalid as it does not fall within permissible scope. (!) (!) (!) (!) - The petitioners’ association and residents' rights to enforce compliance with planning and environmental considerations were affirmed; non-compliance can be enjoined by the court. (!) (!) (!)
W.P.(C).23174/2005:
The petitioner, an Association of the residents of Shastri Nagar Colony, near Eranhipalam in Kozhikode, has filed this Writ Petition, feeling aggrieved by the steps taken by the 1st respondent Calicut Development Authority, to sell 58 cents of open space in that colony, to the Lakshadweep Administration. The brief facts of the case are the following:
2. The 1st respondent acquired 13.09 acres of land and developed it into a housing colony and the members of the Association were sold plots, having various extents, as per Ext.P3 and similar sale deeds. In the said colony, two plots have been set apart as open spaces, having an extent of 42 cents and 58 cents respectively. Ext.P2, the approved lay out plan of the colony, would show that they are meant for parks, play ground and nursery school. The open space on the eastern side, which was set apart for parks and nursery school, is now presently used as a basket-ball court and play ground for children. The said plot is proposed to be sold to the Lakshadweep Administration. The petitioner submits, as per Ext.P3 sale deed, its members also paid the proportionate value of the area set apart for parks, roads e
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