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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
Jansi Rani Nagar Makkal Nala Sangam – Appellant
Versus
District Collector, Tirunelveli – Respondent
ORDER :
1. The writ petitioners herein are residents of Tirunelveli city. They are aggrieved by the proposed move of the respondents to set up sewage pumping stations in the petition-mentioned sites. They are residing nearby. In most of the cases, the sites have been earmarked as OSR lands. In one case, the site is earmarked for constructing a bus station. The petitioners contend that when once a site has been earmarked as OSR land, it should be utilized only for that purpose and no other purpose. If, for instance, the land is to be developed as a park, it cannot be diverted for any other purpose. The petitioners invoke the decision of the Hon'ble Supreme Court reported in (2023) 4 MLJ 353 (SC) [Association of Vasanth Apartments' Owners Vs. V. Gopinath] in support of their contentions. They also rely on the circular bearing Na.Ka.No.12843/202/TP2 dated 09.11.2023 issued by the Commissioner of Municipal Administration, Chennai – 28 in which it has been mandated that the Municipal and Corporation Commissioners should not submit proposals for de-reserving OSR lands for purposes such as laying of roads, solid waste management etc. The learned counsel appearing for the writ petitioners q
The court affirmed the use of OSR lands for public utility projects, provided adherence to statutory guidelines is maintained, emphasizing public health and environmental preservation.
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 State has a constitutional duty to provide housing for the poor, and the implementation of welfare schemes should not be obstructed by vested interests.
The judgment established the importance of majority consent for construction in open spaces and emphasized the public interest in resolving water supply issues.
Community interest prevails over individual concerns in public projects, and unsubstantiated objections do not merit judicial intervention.
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