WP/40073/2026 of G.S.SENTHILKUMAR Vs The commissioner on 6 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the notice issued to the writ petitioner in pursuance to the directions issued by this Court in W.P. No.16259 of 2023.

2. The housing plots were developed through an approved layout after obtaining permission from the competent planning authority and subsequently, were sold to third parties. Roads, streets, park area, public purpose area and OSR lands were earmarked in the approved plan. The original layout promoter has not executed gift deed in favour of the Panchayat with respect to the OSR land as mandated under law. However, OSR lands are earmarked in the approved plan, as per the provisions of the statutes and rules in force. Petitioner has purchased 3 cents 268 sq.ft from the original promoter.

3. Initially, a notice was issued to petitioner in respect of OSR land by the Coimbatore Corporation. After conducting an enquiry, a final order was passed vide proceedings dated 27.04.2023. In the said order, competent authority of the Coimbatore Corporation has reiterated that the OSR lands earmarked in the approved plan belongs to Corporation and therefore the petitioner should hand over the portion of the OSR land, enabling the Corporation to maintain the same for public purposes in accordance with law.

4. Petitioner approached this Court by way of writ petition. Writ petition was disposed of with a direction to afford opportunity to the petitioner. Once again an opportunity was granted to the writ petitioner and Commissioner, Coimbatore Corporation conducted an enquiry, wherein petitioner had also participated. Based on the enquiry report, the present impugned notice dated 02.09.2024 has been issued reiterating that the OSR land vests with the Coimbatore Corporation and therefore, petitioner was asked to vacate the OSR land and hand over the same to the Coimbatore Corporation. The said notice is again challenged by way of the present writ petition.

5. Learned Senior Counsel appearing on behalf of the writ petitioner would mainly contend that petitioner is the title holder. He is in possession of patta in his name. That apart, ownership has not been transferred. That being the fact, Corporation cannot claim vested right against the portion of the OSR land. OSR land is yet to be gifted and under these circumstances, present notice is unnecessary.

6. Learned Special Government Pleader and the learned Standing Counsel for Coimbatore Corporation would oppose by stating that as per the planning permission, public purpose areas including streets, roads, parks and OSR lands are earmarked. Therefore, OSR land vests with the Coimbatore Corporation, and even in the absence of execution of gift deed, Corporation is empowered to take over the OSR land and utilize the same for public purposes as mandated under the statutes and rules in force.

7. The issue regarding the right of the local body to take over public purpose area and OSR lands is no more res integra. The Hon'ble Supreme Court of India in the case of Association of Vasanth Apartment Owners vs. V. Gopinath1, elaborately considered the scope of the Town and Country Planning Act and the relevant statutes and held that OSR land vests with the local body.

8. Non-gifting of OSR land will not absolve the right of the local body and even in such cases, local body authorities are empowered to take possession of the OSR lands and utilize the same for public purposes. The Apex Court in unequivocal terms reiterated that the areas covered by the OSR cannot be diverted for any other purpose. The local body authorities are duty bound to ensure that the area set apart as OSR is stringently utilized only for the purpose as per the Rules / Regulations. The Apex Court further directed that no area meant for OSR shall be utilized as dumping yard or any other purpose other than as OSR.

9. The above directions issued in the Vasanth Apartment Association case cited supra, in paragraph 178, in unambiguous terms empowers the local body authorities to resume the OSR land from the 1 2023 INSC 123

promoters of layouts / builders.

10. In respect of a writ petition filed against the very same Coimbatore Corporation, the Division Bench of this Court reiterated the said principle in the case of V.N.R Nagar Welfare Association vs.The District of Town and Country Planning & Ors1 in W.P. No.3873 of 2017. Paragraphs 9 and 10 of the judgment read as follows: “9. At the outset, the planning permission/layout approval granted under the provisions of the Act is to be followed for all the purposes and any conversion, encroachments, misuse or otherwise are to be dealt with in accordance with law and all structures, constructions, encroachments are to be removed by following the procedures. Encouraging such unauthorized constructions, conversions or deviations would result in an anomalous situation, where greedy men will be again and again tempted to commit such illegality, which is detrimental to the environment and the very purpose and object of the scheme of Town Planning will be defeated. Therefore, scrupulous adherence of the planning permission by the competent authorities are imminent and deviations are to be dealt with in accordance with law. Unless actions are taken, there is no scope for peaceful living for future generation. We are duty bound to ensure that the environmental aspects are protected for the well~being of the people of that locality and peaceful life being an integral part under Article 21, such rights are to be 1CDJ 2024 MHC 2168

protected by the authorities by following the provisions of the Act and Rules.

10. In view of the principles discussed above, the Commissioner, Coimbatore City Municipal Corporation is directed to scrutinize the files of the writ petitioners/owners/persons claiming right/persons claiming possession individually and identify the encroachments, illegalities, violations etc., if any and accordingly, issue fresh show~cause notice to all the persons and thereafter, on receipt of objections, if any and proceed with the eviction of encroachers, demolition of unauthorized constructions, removal of obstructions etc., in the manner contemplated under the provisions of the Statutes and Rules in force. It is made clear that all such encroachments, illegalities and violations are to be removed by scrupulously following the procedures and by affording opportunity to the parties. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. In respect of places where the Coimbatore City Municipal Corporation Act is inapplicable, the report is to be submitted to the jurisdictional Tahsildar for the purpose of evicting the encroachments, if any, by invoking the provisions of the Tamil Nadu Land Encroachments Act, 1905 or the appropriate Statutes and Rules in force.”

11. The legal position has been considered by the Hon’ble Supreme Court of India in the case of PT. Chet Ram Vashist (Dead) by Lrs vs Municiapl Corporation of Delhi2. The findings of the Court reads as under: “6. Reserving any site for any street, open space, park, school etc. in a layout plan is normally a public purpose as it is inherent in such reservation that it shall be used by the public in general. 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. It may be true as held by the High Court that the interest which is left in the owner is a residuary interest which may be nothing more than a right to hold this land in trust for the specific purpose specified by the coloniser in the sanctioned layout plan. But the question is, does it entitle the Corporation to claim that the land so specified should be transferred to the authority free of cost. That is not made out from any provision in the Act or on any principle of law. The Corporation by virtue of the land specified as open space may get a right as a custodian of public interest to manage it in the interest of the society in general. But the right to manage as a local body is not the same thing as to claim transfer of the property to itself. The effect of transfer of the property is that the transferor ceases to be owner of it and the ownership stands transferred to the 2(1995) 1 SCC 47

person in whose favour it is transferred. The resolution of the Committee to transfer land in the colony for park and school was an order for transfer without there being any sanction for the same in law.”

12. In view of the legal position as stated above and considering the fact that sufficient opportunity had been granted to the petitioner to defend his case for more than one occasion and in pursuance to the orders of this Court, there is no further scope for adjudication of the grounds raised, which all are similar to the grounds raised in the earlier writ petition. Thus, the petitioner has not made out any case for consideration. Consequently, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The commissioner Coimbatore Corporation Big Bazaar street, Coimbatore 641001

2. The Commissioner Director of Town and Country Planning,

Building Division, No 807 Anna salai, Chennai 600 002

3. The deputy Director Director of Town and Coutry Planning, Corporation shopping complex, Dr. Nanjappa Raod, Coimbatore 641 018

4. The Member Secretary Local Planning Authority, sivananda Colony, Tatabad, Coimbatore

5. Assistant Executive officer (Planning) West Zone, Coimbatore Corporation, Coimbatore

6. The Executive Officer, Vadavalli Town Panchayat, Vadavalli, Coimbatore

7. The Assistant commissioner West zone, coimatore Corporation, Coimbatore

S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 40073 of 2026 06-10-2026