Court Affirms Public Land Protection, Grants Petitioner Two Weeks to Respond to Show Cause Notice
In a significant ruling, the Madras High Court has dismissed a writ petition filed by V. Yasodaa, challenging a final show cause notice issued by the Commissioner of Coimbatore City Municipal Corporation. The notice demands vacating an encroached portion of public purpose land, as per an approved layout. The Court's decision reinforces the protection of public purpose land and reiterates the impermissibility of converting such land into residential plots.
The petitioner, V. Yasodaa, contended that she was a bona fide purchaser of the plot and argued that her land was not part of the suit schedule property in previous civil proceedings. Her counsel, Mr. PVS. Giridhar, argued that the Corporation's notice was based on a judgment from a case where the petitioner’s land was not included. However, the Court, presided over by Justices S.M. Subramaniam and K. Surender, emphasized that civil rights disputes are not to be adjudicated under writ jurisdiction.
The Court highlighted that public purpose land vests with local authorities and must be protected for the public's benefit. Conversion of such land into residential plots is deemed impermissible. The judgment cited the case of "Association of Vasanth Apartment's Owners v. V. Gopinanth," affirming the necessity to maintain and protect public purpose land.
Addressing the petitioner’s claim as a bona fide purchaser, the Court noted that if the purchase resulted from misrepresentation or fraud, the remedy lies against the vendor, not through occupation of public purpose land.
The Court granted the petitioner an additional two weeks to respond to the show cause notice, allowing her to submit further explanations and documents to the Corporation. The Corporation is tasked with considering any representation and proceeding with enforcement action if the land under occupation is confirmed as public purpose land.
The judgment underscores the judiciary's stance on protecting public land and the importance of adhering to approved layouts, ensuring land designated for public use remains safeguarded for community benefit.
Bottom Line:
Public purpose land in an approved layout vests with the local authority and must be protected for the benefit of the public. Conversion of public purpose land into residential plots is impermissible.
Statutory provision(s): Article 226 of the Constitution of India
