Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE S. M. SUBRAMANIAM, MR. JUSTICE K. RAJASEKAR, JJ
M.P.S.Residents Welfare Association – Appellant
Versus
Commissioner, Corporation of Chennai – Respondent
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 Corporatio
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.
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 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....
Land reserved for public purposes cannot be claimed by the landowner for private benefit unless formally acquired; it must be held in trust for public use.
Public utility areas cannot be alienated by promoters or property owners, and must be maintained for the purpose for which they were allotted.
The protection of public purpose land is crucial, and its conversion to residential plots is impermissible under law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
