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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.KUMARESH BABU
P.C. Selvaraj – Appellant
Versus
Commissioner of Tiruchirapalli, Municipal Corporation, Tiruchirapalli – Respondent
| Table of Content |
|---|
| 1. challenge to land use rights for public purpose. (Para 1 , 3 , 4) |
| 2. arguments supporting the rejection of the construction claim. (Para 5 , 6) |
| 3. court's consideration of relevant statutory provisions. (Para 7 , 8 , 9) |
| 4. determination of trust obligations associated with earmarked land. (Para 10) |
| 5. final dismissal of the writ petition. (Para 11) |
ORDER :
(K. KUMARESH BABU, J.)
The Writ Petition had been filed challenging the order of rejection passed by the second respondent, rejecting the claim of petitioner to construct Kalyanamandabam in the place earmarked for the public purpose.
2.Heard Mr.A.Saravana Kumar, learned counsel appearing for the petitioner, Mr.K.R.Kishore Ram, learned counsel appearing for RR1 and 2 and Mr.J.K.Jeyaseelan, learned Government Advocate appearing for the third respondent.
3.The learned counsel for the petitioner would submit that a larger extent of land originally belonging to his grandfather which was inherited by him and in which he had been benefited with a layout approval. In the said layout approval an extent of 24,562 Sq.ft was earmarked for public purposes and land measuring 4,500 Sq.ft had been earmarked for shopping facilities. The
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.
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
Land reserved for public purposes does not vest with planning authorities without a registered instrument, restricting its utilization to the designated public purpose.
The judgment establishes the principle that reserved open spaces in layouts cannot be used for any other purpose, emphasizing the public trust doctrine, the importance of preserving open spaces, and ....
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....
Modification of land reserved for public purposes requires valid legal processes, including notification and consultation with affected parties, as determined by relevant sections of the Town Plannin....
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