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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER
S.P. Thiyagarajan – Appellant
Versus
Commissioner, Coimbatore City Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. land earmarked for public use cannot be converted (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. validity of empowered committee's decision questioned (Para 8 , 10 , 11) |
| 3. legal precedent against conversion of public purpose land (Para 12 , 13 , 14 , 15) |
| 4. locus standi for residents upheld in public interest (Para 17 , 18 , 19 , 20) |
| 5. empowered committee's resolution set aside, remanded for fresh decision (Para 21 , 22) |
JUDGMENT :
S.M. SUBRAMANIAM, J.
1. Under assail is the writ order dated 12.04.2022 passed in W.P.No.43824 of 2016.
2. The writ appellant has instituted the writ proceedings challenging the Resolution passed by the Empowered Committee in 33rd Empowered Committee meeting held on 30.08.2016 in Agenda No.26 and to direct the Commissioner, Coimbatore City Municipal Corporation to resume the land earmarked for park and playground in Nethaji Nagar Layout from the 6th respondent as per the eviction notice dated 10.03.1015.
3. The facts in brief would show that the 6th respondent Mr. Sachithananda Nageswaran purchased the subject land which is earmarked for park and playground in the year 1993 from the developer of an approved layout. It is not in dispute that as per the appro
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....
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....
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 ....
Review jurisdiction is limited to correcting apparent errors and cannot serve as an appeal; land reserved for public purposes under the prior act remains non-alienable unless specific actions under t....
Areas reserved as open spaces, parks, or playgrounds in a sanctioned layout cannot be repurposed for commercial or other uses, as they are held in trust for the public and are essential for environme....
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