Chennai: The Madras High Court on Friday said
that land once kept for public purpose could not be
earmarked for any other purpose.
A Division Bench, comprising Justice D.Murugesan and
Justice Vinod K.Sharma, dismissing two appeals challenging a
single judge`s order, said it was not inclined to interfere
with the same.
It said in various decisions the High Court had ruled that
space reserved for public purpose could not be altered to be
put to use for any other purpose.
The single Judge had allowed a writ petition filed by a
Residents Welfare Association,Sathyamangalam Road,Coimbatore.
The Association had questioned an order of the Municipal
Administration and Water Supply Department, granting
permission to change the use of land from public purpose to
housing plots in respect of lands situated in Alamunagar,
Coimbatore,purchased by appellants, K.Rajamani and others, to
an extent of about 10,000 sq.feet.
The appellants had earlier filed a writ petition
questioning the resolution of November 27, 2005 by the
Coimbatore City Corporation resolving to take over 20,973
sq.feet in Alamunagar, kept for public purpose. This
petition was dismissed by the single Judge following which the
present appeals were filed.