Case Note & Summary
The petitioner, D. Satishkumar, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents 1 to 3 (Commissioner, Coimbatore Municipal Corporation; Director, Town and Country Planning Authority; and Member Secretary/Joint Director, District Town and Country Planning Office) to take action against respondents 4 to 9 for encroaching upon lands earmarked for public amenity in EVR Periyar Nagar Layout, Ward No. 52, Survey No. 14/1, 21/1 and 2, Uppilipalayam Village, Singanallur Sub Registration Office, Coimbatore District, approved vide Approval No. LP/R(CN).No.278/79. The petitioner alleged that lands reserved for public purpose were encroached upon and sought removal of encroachments based on his representation dated 24.12.2025. The respondents opposed, claiming that the layout was unapproved and that they had obtained regularisation of their plots. The Additional Government Pleader argued that layout approval is distinct from plot regularisation and that Open Space Reservation (OSR) land must be maintained for public purpose, citing the Supreme Court judgment in Association of Vasanth Apartment's Owners Vs V. Gopinanth And Others (2023 INSC 123) that sale of OSR land is null and void. The Commissioner filed a status report confirming that the layout was approved by the Directorate of Town and Country Planning vide LP/R (CPN) No. 278/79 for 5.17 acres, comprising 50 house sites, with land earmarked for public amenities: Children's Play Space (11 cents 224 sq.ft), Park (10 cents 252 sq.ft), and Reserved for Public Purpose Site (28 cents 179 sq.ft), thus meeting the required 10% reservation. The court held that the respondents' encroachments on public amenity land are illegal, and regularisation of individual plots does not validate such encroachments. The court directed respondents 1 to 3 to take appropriate action to remove the encroachments and restore the land for public use, in accordance with law.
Headnote
A) Property Law - Encroachment on Public Amenity Land - OSR Land Sale Void - The petitioner sought removal of encroachments on lands earmarked for public amenity in an approved layout. The court held that lands reserved for public purpose (OSR) cannot be sold or encroached upon, and any such sale is null and void. The court directed the authorities to remove encroachments and restore the land for public use. (Paras 1-9) B) Town Planning - Layout Approval - Regularisation of Plot - The respondents claimed regularisation of their plots, but the court held that regularisation of a plot does not validate encroachment on common areas or OSR land. The layout approval and regularisation are distinct, and OSR land must be maintained for public purpose. (Paras 3-5) C) Constitutional Law - Writ of Mandamus - Removal of Encroachments - The court issued a writ of mandamus directing the respondents 1 to 3 to take appropriate action against encroachments on public amenity land, based on the petitioner's representation. The court relied on the principle that public authorities must protect common areas for the benefit of the public. (Paras 1-9)
Issue of Consideration
Whether the respondents 4 to 9 have encroached upon lands earmarked for public amenity in an approved layout and whether a writ of mandamus can be issued to direct the authorities to remove such encroachments.
Final Decision
The court allowed the writ petition and directed respondents 1 to 3 to take appropriate action to remove the encroachments on the public amenity land in EVR Periyar Nagar Layout, Ward No. 52, Survey No. 14/1, 21/1 and 2, Uppilipalayam Village, Coimbatore District, and restore the land for public use, in accordance with law.
Law Points
- Encroachment on public amenity land
- OSR land sale void
- Mandamus for removal of encroachments
- Regularisation of plot does not validate encroachment on common area
