VISHNU LAKSHMI TRUST Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The proceedings of the third respondent dtd. 2/9/2013 and the consequential proceedings dtd. 28/10/2013, demanding guideline value in lieu of the Open Space Reservation (OSR) area of the petitioner's institution/Vishnu Lakshmi College of Engineering and Technology, Kanjikonam Palayam, Vellalore Post, Coimbatore District is under challenge in the present writ petition.

(2.) The petitioner Trust has established Vishnu Lakshmi College of Engineering and Technology. The planning permit was obtained on 30/3/2012 for construction of Engineering College and approval was also granted by All India Council for Technical Education for the Academic Year 2013-2014. The College is affiliated to Anna University, Chennai. The Development Control Regulations originally stipulated 10% of the total area, must be earmarked as Open Space Reservation (OSR) area. It is further stipulated in the Regulation that the OSR must be gifted in favour of the concerned Local Body and must be maintained as a Park. In line with the said Regulations, the Planning permit dtd. 30/3/2012 issued to the petitioner provided that the OSR Area must be gifted to the Local Body.

(3.) Subsequently, the Government directed that, with the sanction from the Empowered Committee, in lieu of the 10% OSR area to be gifted to the Local Body, guideline value for the said OSR area may be collected and the area may be kept as open without any constructions. Admittedly, the petitioner continues to be in possession of OSR area till date and has not gifted the same in favour of the Local Body. In proceedings dtd. 14/11/2012, the 2nd respondent communicated the Resolution of the Empowered Committee in the meeting held on 22/10/2012, resolving that the guideline value for the land may be collected from the petitioner in lieu of the land to be reserved as 10% of OSR and the OSR area should be earmarked and kept open and no construction should be made in that area.