CMDA is absolute owner of land assigned to it by original owners by way of gift deed in interest of public.

Elipe Dharma Rao, J.

Vasanth Apartments was developed as a Group Development in S.Nos.376/2 and 3, 379/1 and 380/4 and 5 in Velacherry village within Chennai City and it contains 12 blocks, out of which 11 blocks, each containing 16 to 18 flats, are residential ones. The entire buildings were completed and the flats were sold to the public and completely occupied by the purchasers during 2001. The total extent of the layout being more than 10,000 sq.m., 10% of the area has been reserved as Open Space for communal and recreational purposes as per Rule 19(b)(ii) of the Development Control Rules and accordingly, as per the finally approved plan dated 15. 1997, an extent of 1164.75

sq.m. (12,532 sq.ft.) area has been reserved as open space and transferred to the Chennai Metropolitan Development Authority by way of a Gift Deed dated 12. 1994.

2. Thereafter, the Association of Vasanth Apartments Owners, has filed W.P.No.4766 of 2007 before this Court praying to issue a Writ of Mandamus, directing the Chennai Metropolitan Development Authority to develop 1164.75 sq.m. Area of vacant lands comprised in Survey Nos.379/1 and 380/4 and reserved as Open Space for communal and recreational purposes for the members of the said Association. The case of the said Association is that despite a lapse of 12 years from the date of gifting the property to the CMDA, the open space area had not been developed into a park and therefore, they have given a representation on 10. 2006 seeking permission to maintain the area as a park and since there is no response, they have filed the writ petition.

3. A learned single Judge of this Court, has allowed the said writ petition directing the respondents therein to permit the petitioner/Association to maintain the open space area reserved as a park with recreational facilities in accordance with the Development Control Rules. It is also ordered that if the respondents come across any violation, it is always open to them to take action in accordance with law and that it is the duty of the respondents to maintain such open space area as park and if the respondents fail to do the same, the association of residents should always be welcomed to do the same subject to the provisions of the rules.

.4. Aggrieved against the said order of the learned single Judge, the other residents of the area, who are not the parties to the writ petition, have filed Writ Appeal No.478 of 2007 on 3. 2007, obtaining leave from this Court. Their contention is that at the time of construction, the land owners earmarked a portion of the land i.e. 11,836 sq.ft. as Open Space Regulation area for road and park and gifted the same to the CMDA by a gift deed dated 12. 1994 and the Corporation of Chennai has formed a road in that land during the year 2003 itself and has been maintaining the same, but the Writ Petition No.4766 of 2007 had been filed suppressing the above fact. It has also been submitted that the Corporation, with a view to increase the road level, dumped the quarry rubbish on the side of the road, but the Association of Vasanth Apartments Owners has misconceived and focused to the Court that there is a threat of encroachment by private parties in the land and obtained the order and thereafter, they have suddenly blocked the road, which is the shortest link from West Velachery to East Velachery-Vijaya Nagar and also the access to Venkateswara Nagar, M.G.R.Nagar, Devikarumariamman Nagar etc. where 1 lakh people are living, by dumping debris and erected a board showing that the said area is a recreational park for the residents of Vasanth Apartments, as a result of which people are unable to get access to the other part of the road which caused great hardships to the public.

5. When this Writ Appeal No.478 of 2007 has come up for admission, the First Bench of this Court, by the order dated 4. 2007 appointed Ms.D.Nagasaila as an Advocate-Commissioner to inspect the site to ascertain as to whether there is an alterna