VALLALAR (PHASE-3) RESIDENTS WELFARE ASSOCIATION Vs. DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, SATHUVACHARI, VELLORE

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, which is an Association of residents Phase-III of the layout approved under the Tamil Nadu Town and Country Planning Act, 1971, on the premise that a place earmarked for the Park is being used for the construction of an office by respondents 2 and 3.

(2.) The learned counsel appearing for the petitioner would submit that the approved lay out plan qua the lands earmarked for the public purposes has already been violated by respondents 2 and 3. Thus, irrespective of the fact that the proposed construction is in the public area or not, no construction should go on since there are standing trees. In other words, the learned counsel submits that the proposed place has to be treated as Park though not mentioned in the approved lay out.

(3.) An undertaking affidavit has been filed by respondents 1 to 3, wherein the following statements have been made.