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2021 Supreme(Online)(MAD) 16171

HIGH COURT OF MADRAS
Hon`ble Mr.Justice M.M.SUNDRESH
KARTHIKEYAN GARDEN RESIDENTS – Appellant
Versus
THE DIRECTOR OF TOWN AND COU – Respondent


ORDER

(Order of the Court was made by M.M.SUNDRESH, J.)

The petitioner is the Association of the residents, who purchased residential plots and put up construction in tune with the layout developed and approved by respondent Nos.6 to 8, being the Promoters.

2.The layout was approved and sanctioned by respondent No.1 way back in the year 2002. Under the approved layout, lands have been earmarked for general/public purpose. The earmarked lands are categorized into two viz., saleable and unsaleable. The saleable lands are to be used for the construction of common amenities, such as, Hostel, Shops, Community Hall and Kalyana Mandapam etc. The other extent of lands, which we are not concerned with is to be reserved and used as public park etc. The saleable lands can be sold by the private respondents, whereas the unsaleable public purpose lands vest with the Corporation. The moment, a layout is approved, this distinction is very clear and undisputed.

3.In the year 2015, a decision was made by the Director of Town and Country Planning to the effect that the saleable area can be allowed to be sold by plotting it out for the purpose of construction of house sites. This is subject to the cavea

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