The Housing Board had no authority to convert or allot the open space without the consent of the allottees, and the government had a duty to protect the environment.

The Order of the Court was as follows :

Since the issue raised in these writ petitions is common, they are being disposed of by the following common order.

2. In W.P. No. 24611 of 1993 H.I.G. Flat Owners Welfare Association, Kotturpuram, Chennai 85 have approached this Court to issue a writ of mandamus directing the Housing Board to cancel the allotment of Flat No. 143-A and 143-B and also the space allotted to the Postal Department in Kotturpuram Housing Board Colony and keep the open space shown in the lay out of 1978 in TNHB/TP No. 94/78 TP/52644/78 and approved by MMDA in PP(S) 10/78 as a open space without permitting any construction thereon.

3. In W.P. No. 2491 of 1998 one T. V. Ravichandran one of the allottees of the flats in Adyar Apartments, Kotturpuram has prayed for issuance of writ of mandamus directing the respondents 3 and 4 - Tamil Nadu Housing Board and its Executive Officer, Nandanam Division to relocate the Post Office in between Block "C" and "B" abutting the main road instead of the open space at T.N.H.B. Colony, Adyar Apartments, Kottupuram, Chennai 85 in a restricted area as per the directions of this court without affecting or reducing the open area earmarked. As stated earlier, since the issue raised is common in both the writ petitions, I shall refer the case of the petitioner-Association in W.P. No. 2461 of 1993.

4. The petitioner is an Association of the owners of HIG Flats constructed by the Tamil Nadu Housing Board in Kotturpuram, Chennai 85. It is an association registered under the Tamil Nadu Societies Registration Act. There are 138 HIG Flats in the said Housing Colony and all the flat owners are members of the Society. The Housing Board took up the development of Kotturpuram area under HUDCO Scheme in the year 1973. The original plan contains 234 flats in an area of 22.7 acres. Subsequently, the Housing Board converted 68 grounds allotted for AS Plots into HIG Flats. Accordingly, the layout of 1973 was modified and got approved vide M.M.D.A. P.P.(S) 10. The modified layout of 1978 provided space for garage, shopping centre and open space. In developing the area according to modified layout, the cost of development was borne by the allottees of the Scheme. On the formation of 1978 layout the Housing Board called for applications and the members of the petitioner-Association filed applications to the first respondent for allotment of flats and were allotted flats in 1979. They individually entered into an agreement known as higher purchase scheme with the first respondent and the members were given possession of the flats in the year 1980-81.

5. It is further stated that, in the approved layout of 1978 the shed constructed by the Housing Board for storing cement during the construction stage of the colony had been indicated as future community hall. They also prevented the attempt made by the Housing Board from converting the community hall as a Kalyanamandapam. The open space is used for sports activities by the youth for the last 10 years. In the approved Kotturpuam layout of 1978, certain areas are shown as garages. Though initially the same was offered to the allottees, however the areas earmarked for garages was converted into plots 143-A and 143-B and allotted to third parties for residential purposes in 1991. The above action of the Housing Board was a deviation from the original plan. It is further stated that after formation of the Society and registered under the Societies Registration Act and after making repeated request and frequent personal representation, the Housing Board has handed over a plan in the year 1991 to the Society. The members of the Society were greatly surprised to find in the said plan that the area shown as "open space" in the layout of 1978 has been reduced considerably and two plots viz., Plot No. 143-A and 143-B with an approach road had been indicated in the southern half of the open space of 1978 approved layout. After this illegal action the petitione