C. PHILIP GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in this writ petition, filed under Article 226 of the Constitution of India, seeks a declaration to the effect that the areas earmarked for parks, in a layout plan prepared under a scheme for the purposes of the Town Planning Act, cannot be used for any other purpose. It is the definite case of the petitioner that while the area in question was envisaged to be kept as a park under the scheme prepared by the State Government and the Greater Cochin Development Authority (hereinafter referred to as 'GCDA'), the Corporation of Cochin has since granted a building permit to the 7th respondent which would result in buildings coming up in the area in question. There is thus a further prayer to quash the Building permit issued by the Corporation of Cochin to the 7th respondent as also to direct the respondent local authorities - the GCDA and the Cochin Corporation - to remove all constructions made in the area in question and restore it as a park as envisaged in the scheme.

(2.) The brief facts necessary for the disposal of the writ petition are as follows:

(3.) It would appear that the 4th respondent Society entered into an agreement with the GCDA for the purchase of 2.3387 Hectares of land from out of the lands acquired by the latter for the implementation of the scheme. The 4th respondent Society did this with a view to develop a housing colony exclusively for its members. Thereafter, it prepared a detailed plan of the proposed housing colony. In the said plan, the available land was divided into 67 plots with a view to selling the buildable sites to members of the society who intended to construct residential buildings thereon. The plan also took into account the requirement of the residents for clean air, light and recreational facilities and accordingly provided for two rectangular plots - totally measuring about 30 cents - to be used as parks. All the residential plots and the two parks were well connected with wide internal roads as well. The Society then published the plan on the notice board of their office and invited applications from its members. The offer of residential plots to interested members was coupled with an assurance that the roads and parks shown in the plan would be maintained by the Society for the use of the residents of the Colony. The price of each plot offered for sale to members was fixed taking into account the total cost incurred by the Society in acquiring the land from GCDA and developing the same. The proportionate cost for providing common amenities like parks, internal roads etc. in the colony was also taken into account while arriving at the price of the plots offered for sale. The applications received from interested members were then processed and plots were allotted to them pursuant to draw of lots.