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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
R. Kulasekar S/o Ramakrishna Naidu – Appellant
Versus
Commissioner, Coimbatore City Municipal – Respondent
| Table of Content |
|---|
| 1. petitioners seek review of previous judgment. (Para 1 , 2 , 3 , 4) |
| 2. review petitioners dispute findings of trial court. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. respondents contest the merits of the review. (Para 19 , 20 , 21) |
| 4. court elaborates on legal standards and decisions. (Para 30 , 31 , 32 , 33) |
| 5. review petitions dismissed; no merits found. (Para 40) |
ORDER :
1. The Review Petitioners herein are the respondents in S.A. No.510 and 518 of 2019. They filed the present Review Petitions as against the order dated 26.04.2019 passed in the Second Appeals, seeking to review the findings of the learned Judge.
2. S.A.Nos.510 and 518 of 2019 were filed by the Commissioner, Coimbatore City Municipal Corporation, challenging the concurrent findings of the courts below. On hearing both sides, both second appeals were allowed by this court on 26.04.2019. Challenging the order passed in the second appeals, S.L.P. (Civil) No.8324 of 2021 arising out of SLP(Civil) Diary No.8014 of 2021 was filed by one Yasodaa V., a third party purchaser, with condonation of delay in filing. The matter was taken up for hearing by the Supreme Court on 29.06.2021 and the following order was p
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....
Failure to acquire land within three years under the Tamil Nadu Town and Country Planning Act results in automatic lapse of reservation.
The classification of land as an open space in approved layout and town planning schemes precedes any request for re-classification, and re-classification of land meant for an open space is impermiss....
Land reserved under planning laws is deemed released if not acquired within three years, as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
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 is deemed released from reservation if not acquired within three years as per Section 38 of the Town and Country Planning Act, 1971.
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....
Ownership of land designated for community purposes cannot be converted to residential plots without proper authorization; purchasers cannot be deemed encroachers if title is legally acquired.
Failure to acquire land within three years from publication of a development plan results in deemed release from reservation under Section 38 of the Town and Country Planning Act, 1971.
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