Petitioner challenged an order denying compensation for Open Space Reservation (OSR) lands gifted by him to obtain layout approval. The court held gifted lands belong to the local authority and denied compensation claim, dismissing the writ petition.
Grant of Writ of Certiorari and Mandamus to call for records and quash impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.8092 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.8092 of 2023
Mr.Thirulogachander
... Petitioner
Vs.
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6.The Sub-Registrar, Sriperumbudur SRO,
Kancheepuram District – 602 105.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order in Na.Ka.A4/2009/2022/Se. A. Sa.Thi/Kandamangalam/Ni.A. dated 16.12.2022 and quash the same as illegal, arbitrary and devoid of merit, and consequentially direct the 4 th, 5th and 6th respondents to cancel the Gift Deed dated 17.03.2014 in Document No.3079/2014 registered before the 6 th respondent.
For Petitioner : Mr.V.Prakash For R1 to R3 : Mr.E.Sundaram Government Advocate For R4 & R5 : Mr.D.Ravichander Standing Counsel [Greater Chennai Corporation]
O R D E R
The writ petition has been instituted questioning the order dated 16.12.2022 passed by the 2nd respondent / District Revenue Officer (Land Acquisition).
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approval of house site layout before the competent authority under the Tamil Nadu Town and Country Planning Act, 1971. The Director of Town and country planning, Chengalpattu granted approval of the layout on institution of the gift deed by the petitioner, which is the mandatory requirement under the provisions of the Act. Approached area of Open Space Reservation (OSR) was admittedly gifted to the civil authority even before the approval of layout by the planning authority. The gift deed was also acted upon and approval was granted. Thereafter, the Government acquired the entire lands for public purposes.
be construed as his own property and compensation is to be settled. In other words, the petitioner is claiming compensation in respect of OSR lands already gifted by him for the purpose of obtaining layout approval from the Director of town and country planning.
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and country planning on execution of the approach road area or an OSR, then such lands are belonging to the local authority and the petitioner is disentitled from claiming any right.
6. Accordingly, this Writ Petition stands dismissed. No costs.
25.08.2023
Jeni Index : Yes Speaking order Neutral Citation : Yes
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W.P.No.8092 of 2023
To
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W.P.No.8092 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.8092 of 2023
25.08.2023
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3 issues framed by the court
Whether the petitioner is entitled to claim compensation for Open Space Reservation (OSR) lands gifted by him to the civil authority to obtain layout approval.
Whether the gifted lands belonging to the local authority should be compensated to the original owner or the government.
Whether the Gift Deed dated 17.03.2014 and the impugned order dated 16.12.2022 should be quashed.
2 provisions across 2 enactments
Mr.Thirulogachander
District Collector
District Revenue Officer (Land Acquisition)
Special Tahsildar (Land Acquisition)
Block Development Officer
Panchayat Union President
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
