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SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
Corporation Commissioner, Coimbatore City Municipal Corporation, Coimbatore – Appellant
Versus
Uma Mohanraj – Respondent
JUDGMENT :
D. Bharatha Chakravarthy, J.
(Prayer: Writ Appeal under Clause 15 of the Letters Patent to allow this Writ Appeal and set aside the order, dated 01.03.2023 made in W.P.No.24278 of 2022 and consequently, dismiss the W.P.No.24278 of 2022.)
This Writ Appeal is directed against the order of the learned Single Judge, dated 01.03.2023 in W.P.No.24278 of 2022. By the said order, the learned Single Judge had allowed the Writ Petition. For the sake of convenience, the parties are referred to as per their array in the Writ Petition.
2. The writ petitioner had prayed for a Writ of Certiorari calling for the records in respect of the impugned order, dated 06.07.2022 passed by the Deputy Director of Town and Country Planning (Coimbatore Region) and to quash the same and consequently, to direct the respondents to grant building approval for the petitioner's property in S.No.24/1, New Thillai Nagar, Coimbatore.
3. The case of the writ petitioner is that she purchased a residential site measuring 3627 Sq.ft., bearing Site No.3, New Thillai Nagar, Coimbatore, by the registered sale deed in Doct.No.2735 of 1992, dated 15.07.1992 from one Rangammal. The said Rangammal and five of her sisters we
The central legal point established in the judgment is the significance of title and ownership in the context of planning permission and layout approval, and the requirement for the Corporation to pr....
Ownership of land designated for community purposes cannot be converted to residential plots without proper authorization; purchasers cannot be deemed encroachers if title is legally acquired.
Review jurisdiction is limited to correcting apparent errors and cannot serve as an appeal; land reserved for public purposes under the prior act remains non-alienable unless specific actions under t....
OSR land in approved layouts for public parks cannot be sold privately; title disputes resolved in civil court, not writ jurisdiction.
Approval for layout development remains valid under statutory provisions despite pending legal disputes unless explicitly prohibited.
The classification of land as an open space in approved layout and town planning schemes precedes any request for re-classification, and re-classification of land meant for an open space is impermiss....
The right of access, even without ownership, is sufficient for the regularisation of unapproved layouts under relevant rules.
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