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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE CHITRA VENKATARAMAN
Alamunagar Residents Welfare Association, a society registered under the Societies Registration Act, Coimbatore
Versus
State of Tamil Nadu Rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Chennai
Writ Petition Nos.23980 of 2005 & 25371 of 2002
Decided On :04-01-2010
WRIT PETITION - PUBLIC PURPOSE LAND - RESERVATION - DE-RESERVATION - REVIEW - MAINTAINABILITY - CORPORATION'S RIGHT - CUSTODIAN - PUBLIC INTEREST - TRANSFER OF PROPERTY - CONDITIONS OF SANCTION - OWNERSHIP RIGHTS - TRUST - PUBLIC PARK - MAINTENANCE - ASSOCIATION'S CONTRIBUTION - DIRECTIONS.
Fact of the Case:
The petitioners in W.P.No.23980 of 2005, Alamu Nagar Residents Welfare Association, are the purchasers of the plot in the approved layout, by name, Alamu Nagar in Sathyamalgalam Road, Coimbatore. The said layout was formed in the year 1983, approved by the statutory authorities, namely, the Deputy Director, Local Planning Authority and by the Coimbatore City Municipal Corporation. The total extent of the layout is 2.428 hectares equivalent to 6 acres. The layout consists of 54 plots and an area of 51 cents was reserved for public purpose for establishing a park and for maintaining the well. The purchasers of the various plots have put up their construction and are in enjoyment of the same. On coming to know that there were attempts to put up certain construction in the area reserved for public purpose, with a view to protect 51 cents of land reserved for public purpose, an association was formed by the purchasers under the name "Alamu Nagar Residents Welfare Association", registered on 1.6.2005. On verification of the construction activities going on in the reserved place for public purpose, the Association came to know about G.O.Ms.No.80 dated 15.2.2005, whereby, the Government had de-reserved the portion of land reserved for public purpose and converted the same as house site. The Association learnt that the said purchasers, respondents-4 to 6, who are the writ petitioners in W.P.No.25371 of 2002, had given a petition on 14.2.2005 to the Government for de-reservation of the land allotted for public purpose and the impugned proceedings was passed on 15.2.2005 permitting conversion of the area reserved for public purpose as house sites to an extent of 12,850 sq.ft. out of the total extent of 23,000 sq.ft.
Finding of the Court:
The Tamil Nadu Town and Country Planning Act, 1971 seeks to secure to its present and future inhabitants, a well planned development of the towns so as to serve sanitary condition, amenity and convenience. The provisions of the Act and the Coimbatore City Municipal Corporation Act are to be read together and not in derogation of each other. The Corporation gets a right as a custodian only to manage the reserved site for public purpose. The reservation of an extent of the land for public purpose continues to have its force. The Corporation and the owner of the property are bound to manage the same for the benefit of the public. The rights of the Corporation is limited to that of a custodian to manage the reserved site for public purpose. The effect of the reservation is that while losing his exclusive right as a legal owner, thereby, restricting the rights of the owner for selling or transferring his interest in it, the owner holds the land for the benefit of the society creating an obligation in the nature of trust. The Corporation becomes a custodian of the public interest to manage it in the interest of the society at large.
Issues: 1. Whether the Government Order de-reserving the land reserved for public purpose is valid? 2. Whether the Corporation has the right to declare the reserved land as belonging to it? 3. Whether the resolution of the Corporation declaring the reserved land as belonging to it is legal?
Ratio Decidendi: 1. The Government Order de-reserving the land reserved for public purpose is not valid as the reservation of land for public purpose is a permanent one and cannot be changed. The Government has no authority to re-classify the land, thereby, releasing it from the original purpose. 2. The Corporation has the right to manage the reserved land as a custodian of public interest, but it does not have the right to claim transfer of property to itself. 3. The resolution of the Corporation declaring the reserved land as belonging to it is not legal as the Corporation does not have the authority to transfer the reserved land to itself.
Final Decision: W.P.No.23980 of 2005 is allowed and W.P.No.25371 of 2002 is dismissed. The Corporation, as the custodian of the public interest, shall maintain and manage the open space as a park for the public to use. The members of the Association may contribute to the maintenance and upkeep of the area reserved for public purpose.
Writ Petition No.23980 of 2005 is by the Alamu Nagar Residents Welfare Association seeking a writ of certiorarified mandamus to quash G.O.Ms.No.80 dated 15.2.2005 issued by the first respondent, namely, the State of Tamil Nadu by Secretary to Government, Municipal Administration & Water Supply Department, Government of Tamil Nadu and to direct respondents 1 to 3 to retain and maintain 51 cents in T.S.No.1278 part, left for public purpose in Alamu Nagar layout and for other public purposes.
2. W.P.No.25371 of 2002 is by respondents-4 to 6 in W.P.No. 23980 of 2005 to quash the resolution of the third respondent in Resolution No.2369 dated 27.11.1995 and to direct the respondents to forbear from initiating any action to deprive the petitioners rights of ownership and possession of the properties situated in T.S.No.11/1278, Alamu Nagar, Coimbatore.
3. Considering the common contentions in both the writ petitions, a common order is passed taking the status of the parties as given in W.P.No.23980 of 2005.
4. The Writ Petitioners in W.P.No.23980 of 2005, hereinafter referred to as "The Association", are the purchasers of the plot in the approved layout, by name, Alamu Nagar in Sathyamalgalam Road, Coimbatore. The said layout was formed in the year 1983, approved by the statutory authorities, namely, the Deputy Director, Local Planning Authority and by the Coimbatore City Municipal Corporation. The total extent of the layout is 2.428 hectares equivalent to 6 acres. The layout consists of 54 plots and an area of 51 cents was reserved for public purpose for establishing a park and for maintaining the well. The purchasers of the various plots have put up their construction and are in enjoyment of the same. On coming to know that there were attempts to put up certain construction in the area reserved for public purpose, with a view to protect 51 cents of land reserved for public purpose, an association was formed by the purchasers under the name "Alamu Nagar Residents Welfare Association", registered on 1.6.2005. On verification of the construction activities going on in the reserved place for public purpose, the Association came to know about G.O.Ms.No.80 dated 15.2.2005, whereby, the Government had de-reserved the portion of land reserved for public purpose and converted the same as house site. The Association learnt that the said purchasers, respondents-4 to 6, who are the writ petitioners in W.P.No.25371 of 2002, had given a petition on 14.2.2005 to the Government for de-reservation of the land allotted for public purpose and the impugned proceedings was passed on 15.2.2005 permitting conversion of the area reserved for public purpose as house sites to an extent of 12,850 sq.ft. out of the total extent of 23,000 sq.ft.
5. Writ Petitioners in W.P.No.25371 of 2002/respondents-4 to 6 in W.P.No.23980 of 2005, who are the purchasers of the portion of the land under separate sale deeds dated 23.12.1991, represented by their Power Agent, respondent No.7, have questioned the Resolution dated 27.11.1995 passed by the Coimbatore City Municipal Corporation, third respondent in W.P.No.23980 of 2005, taking possession of the reserved area for public purpose under the layout sanctioned scheme.
6. Aggrieved by the conversion of the land reserved for public purpose into house sites, the Alamu Nagar Residents Welfare Association have filed the writ petition in W.P.No.23980 of 2005 challenging the Government Order stating that the same is against the sanctioned layout. It is also stated that while sanctioning the layout, the site had been earmarked for public purpose; hence the character of the land as reserved area has to be retained as it is, as the original owner holds the same as a trustee of the public cause. Consequently, the purchase of the property by respondents-4 to 6 under Sale deeds dated 23.12.1991 is void ab initio.
7. Respondents-4 to 6 in W.P.No.23980 of 2005, who are writ petitioners in W.P.No.25371 of 2002, contend that
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