Will declare layout unapproved if residents don’t allot land for public functions, warns HC
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The Madras High Court has expressed dismay over the haphazard method wherein residential layouts are developed. It has directed residents of 1 such layout in Coimbatore Corporation limits to present 10% of the realm to the civic physique for establishing parks and group halls or find yourself getting all the layout declared unapproved.
Justice N. Anand Venkatesh identified that Ramasamy Gounder had developed 4.492 hectares right into a residential layout, named Maharani Avenue IV, in 1987. The Deputy Director of Town and Country Planning had accredited the layout, consisting of 108 plots, provided that 2,301 sq m ought to be earmarked for a park, and a couple of,225 sq m for a group corridor.
The property, then, was throughout the jurisdiction of the Veerakeralam Town Panchayat, whose government officer permitted the developer to transform the realm, earmarked for the group corridor, into housing plots. Consequently, the realm was transformed into 12 plots and offered to completely different individuals. It was solely in 2011 that the panchayat obtained merged with the Corporation.
Now, the Corporation needed to take possession of the realm earmarked for the group corridor, on the bottom that the manager officer had no authority to allow the conversion of widespread property into plots, and the plot homeowners had rushed to the courtroom. On perusal of information, the choose discovered that no present deed had been executed in favour of the civic physique, thus far.
“This case is a clear illustration as to how development activities take place in a haphazard manner. Ultimately, innocent purchasers get caught and the original owner escapes from the scene. This Court has to now strike a balance between the rights of the owners of the plots on the one hand, and the responsibility of the Corporation on the other,” the choose mentioned.
He directed the Corporation to subject notices to plot homeowners within the layout, asking them to make sure that 10% of the entire space is allotted for public functions. He ordered that steps be taken to determine the developer of the layout, or his authorized heirs, to make sure that a present deed is executed in favour of the Corporation.
If the requisite land will not be gifted to the Corporation, all the layout ought to be declared unapproved, he added.
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