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K. M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Association of Vasanth Apartments’ Owners – Appellant
Versus
V. Gopinath – Respondent
JUDGMENT :
K.M. Joseph, J.
1. Civil Appeal Nos. 1890-91 of 2010 is connected with the other cases. We are disposing of the Appeals and the Writ Petition filed under Article 32, having generated certain common issues by the following common Judgment.
| INDEX |
| ABOUT THE CASES AND THE PARTIES |
| The case of Association of Vasanth Apartments Owners |
| The case of Keyaram Hotels Pvt. Ltd. |
| CREDAI; Writ Petition No. 591/15 under Article 32. |
| SUBMISSIONS OF APPELLANTS/PETITIONER |
| SUBMISSIONS OF SHRI N. SUBRAMANIYAN, ADVOCATE IN C.A. 7334 OF 2013 [KEYARAM HOTELS P. LIMITED] |
| SUBMISSIONS OF MS. V. MOHANA, SENIOR ADVOCATE ON BEHALF OF THE WRIT PETITOINER IN WRIT PETITION (CIVIL) NO. 591 OF 2015 |
| SUBMISSIONS OF SHRI AMIT ANAND TIWARI; ADDITIONAL A.G. ON BEHALF OF STATE OF TAMIL NADU AND ‘CMDA’ |
| SUBMISSIONS MADE BY SRI JAYANTH MUTHRAJ, SENIOR ADVOCATE RESPONDENTS NOS. 1 AND 2 IN C.A. NO. 1890 OF 2010. |
| SUBMISSIONS BY SHRI K.S. SURESH, ADVOCATE |
Rule enabling takeover of open spaces in private layouts for ₹1 compensation on misuse is unconstitutional under Article 300A for illusory compensation and ultra vires parent Act due to invalid statu....
The conversion of land designated for public purposes, such as parks or playgrounds, to private use is impermissible under the Town and Country Planning Act, emphasizing the local authority's duty to....
The judgment establishes the principle that reserved open spaces in layouts cannot be used for any other purpose, emphasizing the public trust doctrine, the importance of preserving open spaces, and ....
Planning authority cannot mandate gift deed for street alignment land as precondition for permission; violates Article 300A, lacks statutory basis, bypasses acquisition with compensation under T&CP A....
Once an open space is shown in the final approved plan, it remains to be an open space forever and that the original owner of such land though having residuary ownership in nature, he holds it as tru....
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
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