Areas reserved as open spaces, parks, or playgrounds in a sanctioned layout cannot be repurposed for commercial or other uses, as they are held in trust for the public and are essential for environmental and health needs, regardless of later administrative zoning changes.

COMMON ORDER

(Order of the Court was made by V.Lakshminarayanan J.)

1.The Writ Petition, Contempt Petition and Review relate to areas reserved for open space, such as parks, children play spaces, etc., in the Vallalar (Phase-3) layout developed by the Tamil Nadu Housing Board. Hence, they have been clubbed together and were heard by this Court.

2. Heard Mr.R.Sunilkumar for the petitioner, Mr.P.Kumaresan, learned Additional Advocate General assisted by Mr.S.Ramachandran, learned Standing Counsel for the Tamil Nadu Housing Board, Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader for the District Town and Country Planning Office, Vellore and the District Collector, Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.P.S.Prabhu, learned Standing Counsel for the Vellore City Municipal Corporation, Mr.T.Saikrishnan for the private respondent and Mr.S.Karthikeyan, Advocate Commissioner.

3. The petitioner is the Residents Welfare Association of an area termed as "Vallalar (Phase-3)”. This area is situated within the limits of the Vellore City Municipal Corporation. The said area was developed by the Tamil Nadu Housing Board. The development took place sometime in 1978-79. It was a part of the Vellore Neighbourhood Scheme at Sathuvacheri. It abuts the crucial National Highway connecting Chennai with Bangalore.

4. The total land acquisition was for 98 acres. Keeping 98 acres as the overall land, representing 100% that was available for development, 61.10% was reserved exclusively for housing plots and residential apartments. 765 housing plots of various dimensions and 50 apartments were constructed. 24.58% was reserved for internal roads and drainage. 1.78% was earmarked for pubic purposes. 0.93% was reserved to be exploited commercially. 0.65% for schools and 0.34% each to be used as community hall and for a forensic lab. Remaining 10.28% was earmarked for parks, children play spaces and open spaces.

5. The Writ petition is concerned with 10.28% that was earmarked for parks, children play spaces and open spaces. It is not in dispute that when the Housing Board obtained permission for development of layout, certain areas, as would be seen later, has been reserved for this purpose. It is also on record that the open areas, as per the reservation, had been handed over to the local body on 11.07.1990. The specific plot numbers with the corresponding area that had been handed over by the TNHB to the then local body, namely, the Town Panchayat of Sathuvachari is scanned and extracted hereunder:

6. After the local body had taken over, the layout plan was again revised at the instance of the Housing Board and the areas were re-designated. Taking advantage of the revised layout, the lands were permitted to be used by the local body for several uses, which do not answer the original reservation.

7. Earlier, a children play space (hereinafter referred to as "CPS") was attempted to be converted as a garbage segregation cum compost shed. This was the subject matter of the Writ Petition in W.P.No.40595 of 2015. This Court intervened and allowed this writ petition on 01.03.2016. The Hon'ble Mr. Justice T.S.Sivagnanam (as his Lordship then was) came to a conclusion that the attempt of the Vellore Municipal Corporation, the local body which took over the lands from the Town Panchayat of Sat