ORDER

The proceedings of the third respondent dated 02.09.2013 and the consequential proceedings dated 28.10.2013, demanding guideline value in lieu of the Open Space Reservation (OSR) area of the petitioner's institution/Vishnu Lakshmi College of Engineering and Technology, Kanjikonam Palayam, Vellalore Post, Coimbatore District is under challenge in the present writ petition.

2. The petitioner Trust has established Vishnu Lakshmi College of Engineering and Technology. The planning permit was obtained on 30.03.2012 for construction of Engineering College and approval was also granted by All India Council for Technical Education for the Academic Year 2013-2014. The College is affiliated to Anna University, Chennai. The Development Control Regulations originally stipulated 10% of the total area, must be earmarked as Open Space Reservation (OSR) area. It is further stipulated in the Regulation that the OSR must be gifted in favour of the concerned Local Body and must be maintained as a Park. In line with the said Regulations, the Planning permit dated 30.03.2012 issued to the petitioner provided that the OSR Area must be gifted to the Local Body.

3. Subsequently, the Government directed that, with the sanction from the Empowered Committee, in lieu of the 10% OSR area to be gifted to the Local Body, guideline value for the said OSR area may be collected and the area may be kept as open without any constructions. Admittedly, the petitioner continues to be in possession of OSR area till date and has not gifted the same in favour of the Local Body. In proceedings dated 14.11.2012, the 2nd respondent communicated the Resolution of the Empowered Committee in the meeting held on 22.10.2012, resolving that the guideline value for the land may be collected from the petitioner in lieu of the land to be reserved as 10% of OSR and the OSR area should be earmarked and kept open and no construction should be made in that area.

4. The first respondent issued G.O.Ms.No.161, Housing and Urban Development [UD4(3)] Department, dated 26.06.2013, relaxing the condition in the Development Control Regulations, which necessitates handing over OSR area to the Local Bodies. The Government Order stipulates “In respect of educational institutions for whom the Open Space Reservation Regulation is applicable, the Open Space Reservation shall be earmarked and kept open to sky without any construction with the condition that the Open Space Reservation area should be utilized only as a park and not as a playground by the concerned institutions. The guideline value should not be collected in lieu of Open Space Reservation area in such cases.”

5. It is not in dispute that the said Government Order was issued prospectively with effect from 26.06.2013. In the present case, Planning permit was granted to the writ petitioner on 30.03.2012 before issuance of the Government Order and the said Government order cannot be applied retrospectively in respect of the Regulations, which had already been applied to the case, where the planning permit was granted.

6. The learned counsel for the petitioner mainly contended that the OSR area is in possession of the petitioner Trust and they have not put up any construction or otherwise. The area is kept open and is utilized as a park and thus, the impugned order, claiming guideline value in lieu of the Open Space Reservation (OSR) area of the petitioner institution is in violation of the principles settled by the Apex Court of India.

7. The Government order stipulates relaxation, under which, planning permit was granted to the petitioner. More so, the petitioner has not violated the OSR Regulations and thus, the action of the respondent is untenable.

8. In this regard, the learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court of India in the case of PT.Chet Ram Vashist (Dead) by LRs. Vs. Municipal Corporation of Delhi, reported in (1995) 1 SCC 47, wherein the Apex Court made the following observations:

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