OSR lands must be preserved for public use, and local authorities are obligated to remove encroachments to restore these lands as per approved layout plans.

JUDGMENT :

S.M.SUBRAMANIAM, J.

Aggrieved and dissatisfied with the orders of the writ Court dated 05.09.2024 in W.P.No.13760 of 2024, W.P.No.23323 of 2014 and W.P.No.17625 of 2024, the present writ appeals came to be instituted.

2. The writ petitions have been instituted to maintain the OSR lands as per the law and to remove the encroachments in OSR lands and roads area. The writ Court directed the Commissioner, Corporation of Chennai to issue notice to the petitioner - Association and by affording opportunity, decide the issues on merits and in accordance with law within a period of twelve (12) weeks.

3. The learned counsel for the appellant in all the writ appeals would mainly contend that the directions issued by the writ Court would be of no avail since, the OSR lands have already been encroached upon and road portions are also under encroachment. The writ Court ought to have directed the Commissioner, Corporation of Chennai to remove the encroachments and restore the OSR lands as per the lay out approval.

4. The learned counsel for the 12th respondent in W.A.No.475/2025 would submit that he is the Bonafide purchaser.

5. The learned Standing Counsel for the Greater Chennai Corporation would rely on the common Status Report filed on behalf of the Greater Chennai Corporation. The Executive Engineer, Zone-XV, conducted field inspection and survey and found encroachments in OSR lands and roads and the details regarding the encroachments are narrated in paragraph Nos.4 and 5 of the Status Report as under:

“4. I respectfully submit that as per the approved layout plan No.136/1975, 68 plots were developed with different measurement, leaving for roads measuring width of 30 feet (9mt) on East, West, and Northern side respectively, and 60 feet road width on the Southern side. The layout was adhered to the norms prescribed leaving space for O.S.R. Land for public purpose. In that, an area of 166 sq.m (12.2 x 13.6 mt) (1786 sq.ft) pillaiyar temple was constructed at North/west corner during the year of 1975 for the public use, amount the total temple utilized area of 248 sq.m (16 x 15.5 mt) (2669 sq.ft). On behind the temple location, to an area of 24 sq.m (16 x 1.5 mt) (258 sq.ft) is in the occupation of TANGEDCO by erecting the Transformer here. Adjacent to temple at southern side, there is a Library building which was constructed to an area of 17.5 sq.m (5x305 mt) (188 sq.ft) and this building is not in use.

5. I respectfully submit that eastern side facing 9 mt (30feet) roads, a construction has been made to an area of 13.55 x 5.75 = 78 sq.m in the land which was allotted for road purpose. This is a clear encroachment. This encroachment on the 9mt road (Eastern side) of 78 sq.m to be demolished. I further submit that the area statement submitted as follows:-

A. Total area of OSR (for public purpose) as per FMB = 892 sq.m (9600 sq.ft).

B. Total area of OSR available at Site (At present) = 845.25 sq.m (2669 sq.ft).

C. Existing Temple = 248 sq.m (2669 sq.ft).

D. TNEB Transformer area = 24 sq.m (258 sq.ft).

E. Existing Library building (5 x 35 mt) = 17.5 sq.m (188 sq.ft), which is not in use.

F. Existing Building encroachment (at basement level) on OSR area (13.55 x 7.5) = 102 sq.m (1093 sq.ft) (to be removed).

G. Available vacant land (including Library) (18.5 x 24.5 ) + (2.45 x 7.5) = 471.25 sq.m (5071 sq.ft).

H. Existing building encroachment (at basement level) on eastern side road (13.55 x 5.75) = 78 sq.m (839 sq.ft) (to be removed).

I. Presently Vacant Land area available (Excluding Library) = (18.5 x 24.5) + (2.45 x 7.50) – (3.5 x 5) = 454.25 sq.m (4888 sq.ft).”

6. In respect of the OSR lands, the Hon'ble Supreme Court of India in the case of P.T. Chetram Vashist vs. Municipal Corporation of Delhi, (1995) 1 SCC 47 made the following observations at para 6, which reads as under:-

“6. Reserving any site for any street, open space, park, school etc. in a layout plan is normally a public purpose as it is inherent in such reservation that it shall