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S. M. SUBRAMANIAM
Vishnu Lakshmi Trust, Represented by its Managing Trustee, K. Baskaran – Appellant
Versus
State of Tamil Nadu, Represented by the Secretary to Government, Housing and Urban Development Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent relating to collection of guideline value in lieu of the Open Space Reservation Area of the petitioner''s institution Vishnu Lakshmi College of Engineering and Technology, Kanji Konampalayam, Vellore Post, Coimbatore District and to quash the proceedings in ROC No.8936/2011/UTK-1, dated 02.09.2013 and the consequential proceedings in ROC No.8936/11 UTK-1 dated 28.10.2013 and consequently to direct the respondents to forbear from demanding levying or collecting from the petitioner the guideline value in lieu of Open Space Reservation Area incontravention of G.O.Ms.No.161, Housing and Urban Development {UD 4(3)} Department dated 26.06.2013. (Prayer amended as per order dated 07.09.2016 in W.M.P.No.27114/2016 in W.P.No.5363/2014)
The proceedings of the third respondent dated 02.09.2013 and the consequential proceedings dated 28.10.2013, demanding guideline value in lieu of the Open Space Reservation (OSR) area of the petitioner''s institution/Vishnu Lakshmi College of Engineering and Technology, Kanjikonam Palayam
The legal ownership and utilization of open space reservation areas for public purposes create an obligation in nature of trust, and possession and maintenance of such areas do not exempt the owner f....
Educational institutions are not required to hand over OSR lands to local authorities retrospectively if planning permission was granted prior to the applicable Government Order, as long as they comm....
Areas reserved as open spaces, parks, or playgrounds in a sanctioned layout cannot be repurposed for commercial or other uses, as they are held in trust for the public and are essential for environme....
The main legal point established in the judgment is the prohibition of construction in Open Space Reservation (OSR) land and the court's emphasis on the relevant laws and regulations governing the us....
The judgment establishes the principle that reserved open spaces in layouts cannot be used for any other purpose, emphasizing the public trust doctrine, the importance of preserving open spaces, and ....
The main legal point established is that the reservation and preservation of open spaces for public parks and playgrounds is of great public concern and must be protected, as per the legislative inte....
The conversion of land designated for public purposes, such as parks or playgrounds, to private use is impermissible under the Town and Country Planning Act, emphasizing the local authority's duty to....
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