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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
V. Ilango – Appellant
Versus
Director Directorate of Town and Country Planning Chennai – Respondent
ORDER :
R.VIJAYAKUMAR, J.
1. The present writ petition has been filed seeking a mandamus directing the respondents 4 and 5 to remove the notice board erected in the petitioner's land in Town Survey Number 43, Block -30, Ward 'C' Sinnamani Nagar, Thoothukudi to an extent of 19140 sq.ft and consequentially forbearing the respondents 4 and 5 from interfering with the possession and enjoyment of the petitioner in the above said property.
(A).Factual Background
2.According to the averments in the writ affidavit, T.S.No.43 was purchased by Tuticorin Spinning Mill Limited for the purpose of benefit of the workers of the said mill. In order to achieve the above object, a society, the Tuticorin Spinning Mill Limited Employees' Co-operative Housing Society Limited was formed and a layout was prepared and approved by the first respondent in the year 1966. In the said layout approval, lands were earmarked for public purpose, community centre and park. In the said approval, a portion of the land was earmarked for future development. As per approved layout, the house plots were allotted to its members.
3.It is further contended that the land that was reserved for future development in the approved p
Land reserved for public purposes does not vest with planning authorities without a registered instrument, restricting its utilization to the designated public purpose.
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....
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....
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 central legal point established in the judgment is the significance of title and ownership in the context of planning permission and layout approval, and the requirement for the Corporation to pr....
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