Common areas (OSR lands) earmarked in a sanctioned layout plan act as a public trust and cannot be converted or sold by developers. Retrospective government orders reducing such areas are invalid as they violate the vested rights of residents and the statutory objectives of town planning laws.

WA No. 676 of 2020

PRAYER

To allow the above Writ Appeal by setting aside the order dated 18.07.2019 passed in WP No.34395 of 2007.

WA No. 3115 of 2019

PRAYER

To set aside the order in WP No.34395/ of 2007 dated 18.07.2019.

WA No. 676 of 2020

For Appellant(s): Mr.S.Venkatesh S.

For Respondent(s): R1 & R8 died (steps taken)

Mr.S.Senthil Murugan

Special Government Pleader for R2 & 3

Mr.N.Velmurugan

Standing Counsel for R4

Mr.D.Gopal

Government Advocate for R5

No appearance R6

Mr.Avinash Wadhwani for R7, 9-13, 17-19

Mr.T.Mohan

Senior Counsel

for Mr.S.Arun Kumar for R14-16

WA No. 3115 of 2019

For Appellant(s): Mr.Avinash Wadhwani

For Respondent(s): R1 (Died) – Steps taken

Mr.S.Senthil Murugan

Special Government Pleader for R2 & 3

Mr.N.Velmurugan

Standing Counsel for R4

Mr.D.Gopal

Government Advocate for R5

Mr.S.Venkatesh for R7-13

Mr.T.Mohan

Senior Counsel

for Mr.S.Arun Kumar for R14-16

No appearance - R6

COMMON ORDER

(Order of the Court was made by S.M.Subramaniam J.)

Under assail is the writ order dated 18.07.2019 passed in WP.No.34395 of 2007.

2. 6th respondent in writ petition is appellant. 1st respondent Mr.K.Durairaj instituted writ proceedings challenging Government order issued in G.O.(D).No.245, Municipal Administration and Water Supply Department, dated 21.06.2005.

3. Facts in brief are that Peelamedu Industrial Worker's Co-operative House Construction Society Ltd, a Co-operative Society registered under the Tamil Nadu Co-operative Societies Act, 1983 developed layout and sold plots to its members. Allottees are workers of Pioneer Mills and Radhakrishna Mills, both situate at Peelamedu, Coimbatore. Housing scheme was developed for the benefit of members of co-operative society and lands were acquired by Government for development of scheme through Co-operative Society.

4. Layout had been initially approved by Singanallur Municipality vide D.Dis 84/61, dated 29.06.1968 under L.P.D.M./D.T.P. No.35/68. Layout was approved on condition that roads and other communal areas as provided in approved plan ought to be transferred to the municipal authorities for maintenance. However, Co-operative Society failed to transfer lands till the year 1999. It is the failure on part of Co-operative Society and its authorities to execute gift deeds of roads and common areas as per layout in favour of local bodies.

5. Allegation set out by 1st respondent/writ petitioner is that, in violation of layout approval, common areas have been reduced and remaining common areas were sold by Co-operative Society in favour of other members. Co operative Society converted the OSR lands allotted for common usage, including development part, and those common lands were sold in favour of other members and sale deeds executed by receiving sale consideration. Said Act of Co-operative Society and its management is in violation of building plan approval granted under the provisions of Town and Country Planning Act and Rules framed thereunder. Non-gifting of land itself is an irregularity committed by officials of Co-operative Society, and Co-operative Department officials, managing the affairs of the Co-operative Society.

6. Initially, as per approved layout of the year 1968, 24.5% out of total extent of 7.96 acres were sold, reserved for communal purposes. All the members are entitled to utilise the said land as common area, and depriving their rights to utilise the common area, Society sold the OSR lands, including portions of the road, in violation of Rules in force.

7. Only reason stated by Co-operative Society is that 24.5% initially approved by Planning Authority was subsequen