IMPORTANT POINT
Public utility areas cannot be alienated by promoters or property owners, and must be maintained for the purpose for which they were allotted.

ORDER :

S.M. Subramaniam, J.

(Common Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 28.07.2017 in Na.Ka.11242/2017/No1 passed by the second respondent and quash the same and consequently direct the respondents to restore the possession back to the petitioners.

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the proceedings of the impugned order dated 28.07.2017 bearing in Ref.No.11242/2017/No1 passed by the 8th respondent and quash the same and consequently direct the respondents to restore the possession back to the petitioner.)

1. The proceedings dated 28.07.2017 issued by the District Collector, Kancheepuram stating that the Chennai Corporation has to initiate all appropriate actions in respect of the public places to be maintained in the approved layout.

2. Such a proceedings issued without deciding the disputed issues on merits would not provide any cause for institution of writ proceedings. More so, the order impugned issued by the District Collector cannot cause any prejudice to the interest of the petitioners, since the District Collector asked the Chennai Corporation to initiate appropriate action.

3. The issue involved in the present writ petition is about maintenance of public places demarcated in the approved layout plan under the Tamil Nadu Town and Country Planning Act, 1971. It is needless to state that the public utility places, streets, parks, children play area, community hall, etc., as provided in the approved plan is to be maintained for the purpose for which it was allotted. Those, public utility areas cannot be alienated by the promoters or by owners of the property.

4. The law in this regard has been settled by the Hon'ble Supreme Court of India in the case of Association of Vasanth Apartments' Owners Vs. Gopinath and Others reported in MANU/SC/0122/2023.

5. Since the subject area is falling within the jurisdiction of Chennai Corporation, the Commissioner, Chennai Corporation is directed to verify the approved layout plan and earmark the public purpose areas and other common places for public usage including, streets, roads, parks, Open Space Reservation (O.S.R) lands etc., and initiate all appropriate actions to protect all those common areas. In the event of identifying any encroachments or alienation of such public areas further actions are to be initiated to resume the land by following the procedures as contemplated.

6. In the event of identification of any encroachments or alienation of public properties, the Commissioner shall issue notice to the parties concerned, conduct an enquiry by affording opportunity and take a decision. Thereafter, initiate action to resume the public properties and for the usage of public at large in that locality. The Commissioner, Chennai Corporation is directed to complete the said exercise within a period of three (3) months from the date of receipt of a copy of this order.

7. In respect of common properties, which are under the possession of the Corporation, the Corporation is directed to maintain the same for the benefit of the public in that locality.

8. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.