MADRAS H. C JUDGEMENT ON PUBLIC PURPOSE LAND ON 12.4.07
BRITTO
(Querist) 10 May 2010
This query is : Resolved
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 ?
BRITTO
(Querist) 10 May 2010
REPLY
Raj Kumar Makkad
(Expert) 10 May 2010
In the given facts, you can sale the land for residential purpose.
R.R. KRISHNAA
(Expert) 10 May 2010
Dear Britto
The same issue came up recently before the Madras High Court in its decision of January 4, 2010, and it has confirmed its earlier judgment Sri Devi Nagar Residences Welfare Association vs. Subbathal and others and the effect of which is below:-
The Court referred to the decisions reported in two important Supreme Court cases (2005) 11 SCC 222 - Raju S. Jethmalani and Ors. vs. State of Maharashtra and Ors; (1995) 1 SCC 47 Pt. Chet Ram Vashist (Dead) by Lrs. Vs.Municipal Corporation of Delhi.
The apex court pointed out that the requirement of an owner to reserve any site for any street, open space, park, recreation ground, school, market or any other public purpose does not mean that by a mere reason of a reservation, the open space or park so earmarked shall vest in the Corporation or stand transferred to it.
“The effect of such reservation is that the owner ceases to be a legal owner of the land in dispute and he holds the land for the benefit of the society or the public in general. It may result in creating an obligation in nature of trust and may preclude the owner from transferring or selling his interest in it.”
N.K.Assumi
(Expert) 11 May 2010
Thank you Krishnaa, for posting such important SC citation.
