Importance of public parks is not to be underestimated.

P.D. Dinakaran, J.

Whether a portion of land reserved for public purpose in a layout approved by the local body can be used for any other purpose is the specific question that arises for our consideration in the above appeals, while the issue at large is whether the land reserved for public purpose in any layout or in a development plan or master plan can be used for any other purpose at a later stage?

2. For the purpose of convenience, parties are arrayed as per their rank in W.A.No.156 of 2000.

3. 1. These appeals are directed against the common order dated 18. 1999 made in W.P.No.14413 of 1997. W.A.No.156 of 2000 is preferred by the residents of the locality, who have purchased plots from respondents 1 to 3, who are the legal heirs of the original owner of the land of an extent of 6.07 acres in Survey No.412, Sreedevi Nagar, Ganapathy, Coimbatore, which was, concededly, sold under a layout approved in the year 1974 by the then Ganapathy Town Panchayat, of course, after the prior permission of the fifth respondent in his proceedings bearing No.L.P.Dm. (DDT & CP) No.49/74, dated 17. 1974. In the said layout, an extent of 14168 sq.ft. (East West 81.1/2 on the North, East West 76 on the South, North South 164.1/2 on the West and North South 171.1/2 on the East) was reserved for public purpose.

3. 2. While according permission, the fifth respondent, by his proceedings dated 17. 1974 addressed to the Executive Officer, Ganapathy Town Panchayat imposed 13 conditions, which remain unchallenged by the owners of the layout land for all these years, of which the following are the relevant conditions to be referred to:

Translated version of the above conditions:

1. ... without the permission of the Director of Town and Country Planning, no changes shall be made in the extent of the plot or no change shall be made in the place reserved for public purpose.

...

4. ... the place reserved for public purpose, as per the approved layout, shall be used only for the purpose for which it was earmarked.

...

12. the land owner shall enter into a written agreement with the local body that he would abide by the conditions. The plots shall be sold or leased out subject to the conditions in the agreement. In order to make the land owner and the purchaser bind by the conditions laid down in the agreement, the conditions shall form part of the sale deed." (emphasis supplied)

3. 3. As the impugned portion of the land, which was reserved for public purpose, as per the layout referred to above, was kept vacant, the fourth respondent, by resolution No.836 dated 16. 1995, resolved to declare the area reserved for public purposes so that the Corporation can provide water supply, drainage, street, lights, etc. A notification to that effect was issued under Section 459 of the Corporation Act, published in the Gazette on 30.6.1995, calling for objection, but no objection was received by the Corporation. Therefore, a final resolution was also issued to that effect in resolution 1135, dated 211. 1996.

3. 4. Enraged by the above resolution, respondents 1 to 3 filed O.S.No.759 of 1997 on the file of District Munsif, Coimbatore for bare injunction, but, finally withdrew the said suit and filed W.P.No.14413 of 1997 for issue of a writ of Mandamus forbearing the fourth respondent, his subordinates, men and servants from in any way interfering with the peaceful possession and enjoyment of the vacant land, which was reserved for public purpose, referred to above.

5. In the writ petition, the residents of the locality, who formed a registered association, by name Sri Devi Nagar Residences Welfare Association, proposed to implead themselves as a party respondent by preferring WPMP No.13730 of 1999 and also contested the writ petition. That apart, the fourth respondent also resisted the writ petition. After hearing all the parties, the learned Single Judge, by order dated 18. 1999, refused to permit the residents of the locality to implead themselves as party