K RAJAMANI Vs. ALAMUNAGAR RESIDENTS WELFARE ASSOCIATION

JUDGEMENT

(1.) THE appellants in both the writ appeals question the common order dated 4.1.2010 passed in W.P.Nos.23980 of 2005 and 25371 of 2002. W.P.No.23980 of 2005 was filed by Alumunagar Residents Welfare Association, Coimbatore questioning the G.O.(R) No.80, Municipal Administration and Water Supply (MW-1) Department dated 15.2.2005 according permission to change the usage of land from public purpose to housing plots in respect of the land situate in Survey No.1279, Alamunagar, Coimbatore purchased by the appellants herein to an extent of 4250 sq.ft., 3200 sq.ft., and 3406 sq.ft respectively. THE Association also questioned the direction of the Government to change the usage of land from public purpose in Survey No.1278 of the very same layout and the further direction to the Commissioner of Town and Country Planning to take action to make necessary amendments in the layout.

(2.) W.P.No.25371 of 2002 was filed by the appellants themselves questioning the Resolution No.2369 dated 27.11.2005 passed by the Commissioner of Coimbatore City Municipal Corporation resolving under Section 432(10)(b) of the Coimbatore City Municipal Corporation Act to take over an extent of 20,973 sq.ft., of land in Town Survey No.1278 of Alumunagar. The learned Judge, after a detailed discussion, allowed W.P.No.23980 of 2005 and dismissed W.P.No.25371 of 2002. Hence, the present writ appeals.

(3.) IN challenging the order of the learned Judge holding that the Municipal Corporation should be the custodian and should maintain the open space on the ground that any land required, reserved or designated for public purpose shall be deemed to be the land for public purpose, Mr.K.M.Vijayan, learned senior counsel for the appellants would submit that the said finding is contrary to law and if the said finding is accepted, the procedure of the Land Acquisition Act to be followed to acquire the land as contemplated under Sections 36 and 37 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as the Planning Act) will be of no significance. He would further submit that unless the authorities acquire the land under the provisions of the Land Acquisition Act, question of transfer of the land to the Municipal Corporation for public purpose does not arise and the ownership of the land shall continue to vest with the owner. He would also submit that in terms of sub-section (2) of Section 37 of the Planning Act, a declaration under Section 6 of the Land Acquisition Act covered by the notice under Sections 26 and 27 of the Planning Act should be made within a period of three years from the date of such notice. IN terms of Section 38 of the Planning Act, if no declaration is published within the above time limit of three years in respect of the land reserved, allotted or designated for public purpose as specified in the original plan, master plan, detailed development plan or new town development plan, such land shall be deemed to be released from such reservation, allotment or designation. Hence, the learned senior counsel would submit that in the absence of compliance of the above provisions, the resolution is illegal and is in excess of jurisdiction. He would further submit that the provisions of Section 432(10)(b) of the Coimbatore City Municipal Corporation Act do not empower the Corporation to declare a private land as the property of the Corporation and for that reason, the resolution is bad.