W.P. No. 13191 of 2016 and WMP No. 11560 of 2016. Case: Vallalar (Phase-3) Residents Welfare Association Vs The District Collector and Ors.. High Court of Madras (India)

Case NumberW.P. No. 13191 of 2016 and WMP No. 11560 of 2016
CounselFor Appellant: R. Sunilkumar, Adv. and For Respondents: S. Diwakar, Special Government Pleader
JudgesM.M. Sundresh, J.
IssueCivil Procedure Code
Judgement DateMarch 20, 2017
CourtHigh Court of Madras (India)


M.M. Sundresh, J.

  1. This writ petition has been filed by the petitioner, which is an Association of residents Phase-III of the layout approved under the Tamil Nadu Town and Country Planning Act, 1971, on the premise that a place earmarked for the Park is being used for the construction of an office by respondents 2 and 3.

  2. The learned counsel appearing for the petitioner would submit that the approved lay out plan qua the lands earmarked for the public purposes has already been violated by respondents 2 and 3. Thus, irrespective of the fact that the proposed construction is in the public area or not, no construction should go on since there are standing trees. In other words, the learned counsel submits that the proposed place has to be treated as Park though not mentioned in the approved lay out.

  3. An undertaking affidavit has been filed by respondents 1 to 3, wherein the following statements have been made.

    "3. In the said layout plans various portion of the lands have been earmarked for various purposes such as public purpose, open space, park etc. The Municipal Corporation is maintaining the parks and utilizing the public purpose areas for the benefit of the public by putting up construction etc., to serve the public. One such endeavour was to put up a Zonal office to cater to the needs of the public in Phase III. The Zonal office is functioning in a godown in Phase -II which was not convenient for the public and had to be located in an area suitable to the public. Hence, when it was decided to demolish and construct a new Zonal office in the same area, the respondent could not get permission as the area was earmarked for park. Hence it was decided to construct the Zonal office in Phase-III in a place earmarked for public purpose.

  4. It is submitted that the Corporation will strictly adhere to the maintaining of the various purposes mentioned in the layout etc. Hence the Corporation undertakes to maintain the park areas as earmarked in the layout plans. It is submitted that once the Zonal office is constructed and the entire office is shifted from the existing godown to the proposed site in Phase III, the area earmarked as park in which the godown was existing will be developed as a park. It is also pertinent to point out that the respondent Corporation is now developing a park at the cost of Rs. 47.10 lakhs under Amrut Scheme about 500 metres from the proposed area where the Zonal office needs to be constructed. The...

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