Encroachments on lands reserved for public amenities are impermissible and need removal to uphold public interest and planning regulations.

Order

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

Writ of mandamus has been instituted to direct the respondents 1 to 3 to take appropriate action against the respondents 4 to 9 and consequently remove the encroachments made in the EVR periyar Nagar Layout Ward No.52, Survey No.14/1, 21/1 and 2, of Uppilipalayam village, Singanallur Sub Registration office, Coimbatore District vide approval No.LP/R(CN).No.278/79 in light of the petitioner’s representation dated 24.12.2025.

2. The allegations set out in the writ petition would show that lands earmarked for public amenity are encroached upon and therefore, all such encroachments are to be removed for utilising the common purpose area for the benefit of the public residing in that locality.

3. Learned counsel for the respondents would oppose by stating that it is an unapproved layout, and that he secured an order of regularisation of his plot.

4. Learned Additional Government Pleader would oppose by stating that layout approval is no way connected with the regularisation of plot, and OSR land are to be maintained for public purpose. Sale of OSR land by itself is null and void in view of the judgment of the Association of Vasanth Apartment’s Owners Vs V. Gopinanth And Others, (2023 INSC 123)

5. Commissioner, Coimbatore Municipal Corporation filed a status report. Commissioner would state that Coimbatore South Taluk Uppilipalayam Village, In Survey Field Nos. 14/1 and 21/1 & 2, a layout was approved by the Directorate of Town and Country Planning vide LP/R (CPN) No. 278/79, to an extent of 5.17 acres. The said layout consists of 50 house sites, and land was earmarked for public amenities as follows:

Children's Play Space (C.P.S.) -11 cents 224 sq.ft

Park - 10 cents 252 sq ft

Reserved for Public Purpose Site - 28 cents and 179 sq.ft.

Thus, the required 10% extent of land was reserved for public purpose and public amenities in the said approved layout.

6. Encroachments as well as factual details regarding the approval of layout granted are stated in the status report and the relevant paragraphs are extracted hereunder,

“...3. I respectfully submit that a complaint dated 05.08.2024 was received from Tamil Nadu Reserve Site Sangam alleging encroachment in the land reserved for public purpose measuring 28 cents and 119 sq.ft. in the said layout.

4. It is respectfully submitted that the officials of the Coimbatore City Municipal Corporation conducted site inspection with the assistance of the Town Surveyor and verified the layout approval records and Town Survey Land Register (TSLR). Based on such verification, it has been confirmed that the land in question forms part of the public purpose site earmarked in the approved layout and that certain encroachments had been made therein.

5. Based on the above findings, the Corporation initiated action after issuing notices and following due process of law. The action taken and the subsequent developments are detailed below:

6. I respectfully submit that the residential building put up by the respondents 6, 7 and 8 is presently remaining in the said public purpose site

7. I respectfully submit that the Coimbatore City Municipal Corporation has been taking continuous steps to safeguard the land reserved for public purpose in the approved layout and substantial encroachments have already been removed as detailed above.

8. It is respectfully submitted that necessary further action is being taken by the Corporation to remove the remaining encroachments after completing procedural formalities and in accordance with law.

9. It is further respectfully submitted that the remaining encroachments will be dealt with by the Corporation in accordance with law, subject to administrative requirements, availability of police protection and law-and-order situation, and in compliance with the directions of this Hon'ble Court.

10. In the above circumstances, it is respectfully submitted that the Coimbatore City Municipal Corporation has already initiated necessary action and