(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.
(2.) Civil Appeal Nos. 1890-91 of 2010 is directed against the judgment dtd. 19/10/2007 rendered by a division bench of the High Court. Writ Appeal No. 478 of 2007 and Writ Appeal No. 1026 of 2007 were appeals generated by the judgment which was rendered by the learned Single Judge, in Writ Petition No. 4766 of 2007 dtd. 20/2/2007. By the same the learned Single Judge allowed the writ petition filed by the writ petitioners who are the appellants before us. It was interalia their case that they were owners of certain apartments situated in a complex which consisted of 12 blocks. The total area of the layout was more than 10,000 sq. metres. A portion of the land was earmarked in terms of Rule 19 of the Development Control Rules (hereinafter referred to as DCR) as Open Space Regulation area (hereinafter referred to as OSR). A gift deed was executed in favour of the Chennai Metropolitan Development Authority on 18/2/1994. However, despite the lapse of 12 years of the gift, the OSR area had not been developed into a park. The learned Single Judge disposed of the writ petition by directing the appellant association to maintain the open space area as a park with recreational facilities in accordance with the DCR. It was also made clear that it is always open to the respondents to take action in accordance with law if there is any violation. It was found to be the duty of the respondents to maintain such open areas as parks and on there being a failure on their part, the association of the residents should be welcomed to do the same subject to the rules. Writ Appeal no. 478 of 2007 was filed by one Shri Gopinath and others. They were persons who were living in the neighbourhood. Writ Appeal no. 1026 of 2007 was filed by the Commissioner of the Corporation of Chennai and the Member Secretary of the Chennai Metropolitan Development Authority (hereinafter referred to as the CMDA). It was by the judgment impugned in Civil Appeal Nos. 1890-91 of 2010, the division bench allowed the Writ Appeals and set aside the judgment of the learned Single Judge. We notice the following findings and relief granted: -
(3.) C.A. No. 7847-48 of 2013 arising out of SLP (C)No. 25709-25710 of 2011 is again filed by the Association of Vasanth Apartments Owners i.e., the appellants in C.A. No. 1890-91 of 2010. This is a separate litigation though having a bearing on the issue. In this appeal, Writ Petition No. 23397 of 2007 came to be filed by the appellant Association challenging the vires of Rule 19 of the DCR under which a gift had to be executed in respect of the land comprised in 10% as we shall see in greater detail. The Writ Petition, came to be dismissed by the division bench by its judgment dtd. 6/3/2008 and it upheld the validity of the rule. C.A. No. 7847 of 2013 is filed against the same. A review filed turned unsuccessful. The order in the review has led to the appeal, C.A. No. 7848 of 2013.
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