P.B.SURESH KUMAR
Jayasree Jayaprakash – Appellant
Versus
State Of Kerala, Represented By The Secretary To Government, Local Self Government Department – Respondent
JUDGMENT :
Petitioners 1 to 5 are allottees of residential plots in the area developed by the Greater Cochin Development Authority (GCDA) in terms of Elamkulam West Town Planning Scheme (the Scheme) sanctioned by the State Government under the Town Planning Act, 1108 ME (the Act). They have constructed residential buildings in the plots allotted to them and are residing in their respective plots. The sixth petitioner is the tenant of an allottee of residential plot and she is residing in the building constructed in the said plot. Ext.P7 is the map of the area covered by the Scheme. In Ext.P7, a plot measuring 21.308 cents is earmarked for public purposes like neighborhood centres, schools etc. The said plot is located on the eastern side of the plot owned by the fourth petitioner. On 24.07.1993, GCDA sold the said plot to the third respondent for Rs.1,03,572.22/-in terms of Ext.P1 assignment deed. It is stated, among others, in Ext.P1 assignment deed that the assignment is for running a nursery school in the plot; that the third respondent shall establish the nursery school in the plot within one year as per the plan and design approved by the GCDA and shall maintain the same; that
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