The Hindu 02.12.2010
Corporation takes possession of reserved land in Alamu Nagar
Staff Reporter
| Madras High Court had dismissed appeals of promoters |
Stern action:Corporation officials removing encroachments from a reserved site at Alamu Nagar in the city on Wednesday.
COIMBATORE: The Coimbatore Corporation, following a Madras High Court order, took possession on Wednesday of 25 of the 51 cents of reserved site in Alamu Nagar.
A Division Bench of Justice D. Murugesan and Justice Vinod K. Sharma paved way for the Corporation's takeover by dismissing appeals by the promoters, who had challenged a common order of the court.
Common order
In the common order, dated January 4, 2010, the court had allowed a petition by the Alamu Nagar Residents' Welfare Association questioning the decision of the Municipal Administration and Water Supply Department to accord permission to change the use of land from public purpose to housing plots in respect of the land situated in survey number 1279 at Alamu Nagar.
The promoters had purchased the lands measuring 4,250 sq ft, 3,200 sq ft and 3,406 sq ft in the area.
In the aforementioned petition, the association had also questioned the direction of the State Government to change the usage of land from public purpose to housing plot of land with survey number 1278.
Resolution
In the common order the court had dismissed the second writ petition, filed by the appellants themselves.
They had questioned a resolution of the Coimbatore Corporation to takeover a land measuring 20,973 sq ft at Alamu Nagar.
The court said “once permission is accorded and in that permission if a specified area is earmarked for public purpose, even the planning authority shall not have power to exempt that land for being put to use for any other purpose. In that context, the State Government also cannot have any jurisdiction to alter the conditions imposed in the layout, whereby certain lands are earmarked as open space to be used for public purposes.”
