Chennai HC ruling on public purpose land
BRITTO
(Querist) 11 May 2010
This query is : Open
CHENNAI H C IN JUDGEMENT ON 12.4.07 IN THE CASE FILED BY DEVI NAGAR RESIDENTS, COIAMBATORE HAS RULED THAT THE LAND ALLOTED FOR PUBLIC PURPOSE CANNOT BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSE FOR WHICH IT IS RESERVED. I PURCHASED A 2400 SQ.FT LAND APPROVED BY CMDA, RESERVED FOR PUBLIC PURPOSE IN 1998 BUT IT IS CLEARLY MENTIONED IN THE APPROVAL GIVEN BY THE CMDA THAT THE SAID LAND IF NOT TAKEN BY THE GOVT. WITHIN ONE YEAR FROM THE DATE OF APPROVAL, COULD BE SOLD BY THE PROMOTER BUT SUCH LAND SHOULD BE USED FOR RESIDENTIAL PURPOSE ONLY. KINDLY CLARIFY THE ABOVE POINT. WHETHER I CAN SELL THE LAND ?
I GOT REPLY FROM MR. RAJ KUMAR MAKKAD THAT I COULD SELL THE LAND FOR RESIDENTIAL PURPOSE. MR R R KRISHNA IS REQUESTED TO CLARIFY THE FOLLOWING.
SINCE THE CMDA HAS PERMITTED TO USE THE LAND FOR RESIDENTIAL PURPOSE ONLY AND I BELIEVED IT AND PURCHASED. CAN I SELL THE LAND FOR RESIDENTIAL PURPOSE?. MANY PEOPLE HAVE ALREADY CONSTRUCTED HOUSES ON SUCH LAND AFTER OBTAINING APPROVAL FROM THE LOCAL BODY PRIOR TO THIS JUDGEMENT. IN WHAT WAY THIS JUDGEMENT AFFECTS PEOPLE LIKE ME AND THE PEOPLE WHO HAVE ALREADY CONSTRUCTED HOUSES ON SUCH LAND?