Open space left for school or park cannot vest in Corporation or Municipality.

The prayer in this writ petition is to issue a writ of certiorarified mandamus or any other order or orders or appropriate writ or direction in the nature of writ calling for the records connected with proceedings No.1551/85, dated 4. 1985 of the 2nd respondent in Survey No.2191/I No.4A, Nelson Road, Sarthy Nagar, Srirangam, Trichy District and quash the same and consequently direct the first respondent not to acquire the petitioner’s land to an extent of 6,700 sq.ft.

2. The petitioner in his affidavit filed in support of the writ petition states that he purchased a plot of land measuring to an extent of 6,700 sq.ft. in the year 1983 for a consideration of Rs.16,400. The petitioner along with four persons approached the authorities for approval of the lay out to the then Srirangam Municipality in the same S.No.2191/1 and the same was sanctioned on 17. 1984, subject to certain conditions. Some of the important conditions were that the petitioner should maintain a playground, park and shopping area among other conditions given in the sanctioned lay out. In the year 1984 the area covered by the Srirangam Municipality was brought within the jurisdiction of Tiruchirapalli Corporation. It is further stated that on 112. 1994 the first respondent without due notice to the petitioner demolished a part of the superstructure constructed by the petitioner. Aggrieved by the same, the petitioner has approached this Court.

.3. A counter-affidavit has been filed on behalf of the first respondent wherein it is stated as follows:

.“The writ petitioner herein along with M/s. N.P.Padmaraj, S.M. Rangawamy and T.R. Srinivasan purchased lands comprised in T.S. No.2191/1 (part) measuring 2.13 areas, Block No.49. Ward No.2, Nelson Road, Tiruvanaikoil, Srirangam Municipality. For securing the approval of the then Srirangam Municipality the petitioner divided the land into 23 plots and conveyed the same in favour of 23 persons under various sale deeds. The purchasers applied to this respondent for approval of building plan, which was rejected by the Municipality as no lay-out has been approved in the area. Thereafter the petitioner herein along M/s. N.P.Padmaraj, S.N.Rangasamy and T.R. Srinivasan residing at No.26, Thirunagar Colony, Tiruvanaikoil and who are related to each other applied for approval of layout, besides securing necessary power of attorney deed from the persons, who have purchased plots from them. The four applicants while requesting for approval of lay out undertook to abide by the conditions that may be imposed by the second respondent herein.”

.4. Out of the 23 plots, the applicants proposed to retain plot No.23 with themselves as seen from the application. In the layout plan submitted by the petitioner along with the said three persons in respect of T.S. No.2191/1 (part), the land measuring 2.13 acres was divided into 23 plots. The applicants provided two 30’ roads running east to west and provided open space for the public purposes such as park, playground and shopping. After ceiling for a report and after investigation, the second respondent by his office proceedings in Na.Ka. 1551/05/TT.M4, dated 4. 1985 granted approval for the layout subject to the conditions and stipulations set out in the said proceedings. In terms of the said proceedings of the second respondent, an extent of 6,700 sq.ft. was reserved for children playground 2,250 sq.ft. for park and 1,600 sq.ft. for putting up shopping complex. A total 10,550 sq.ft. i.e. 11.27 of 2.13 acres of land was reserved for the said public purposes. The petitioner and 3 other applicants have agreed for the said reservation for the public purposes. The petitioner herein has also executed an agreement agreeing to abide by the various stipulations and conditions set out in the lay out approval proceedings of the second respondent dated 4. 1985. The petitioner by his latter dated 14. 1985 has also agreed to abide by the said stipulations and conditions and for reserving of