Land meant for car parking shall not be used for any other purpose, Madras HC rules

Our Legal Correspondent Chennai | Updated on October 09, 2011


When cities and towns all over country are faced with the insurmountable problem of finding space for car parking, a piece of land earmarked by Hosur Town Development Authority for car parking was disposed of by owner for putting up a canteen with telephone booth and Xerox centre.

The owner, Mr V. Selvarajan, unable to assist the purchaser of land for locating canteen, etc, went to the Madras High Court with a writ petition challenging the order dated March 31, 2009 of the Chairman/Managing Director, SIDCO, Industrial Estate, Guindy, Chennai (R-1), transferring the allotment order to the writ petitioner.

The petitioner's case was that one Manivannan was allotted land of 4,132 sq ft in SIDCO Industrial Estate, Hosur. Allotment was made on an outright sale basis subject to conditionsthat the land should be used only for running a canteen with telephone booth and a Xerox centre. The allottee then requested R-2 (Branch Manager, SIDCO, Hosur) to transfer the vacant land to the petitioner. Pursuant to proceedings of the R-1, the allotment was transferred to petitioner.

The petitioner applied to the Hosur New Town Development Authority (R-4) for permission to put up the canteen. But R-4 said that the land in question was earmarked for parking of vehicles and not for the canteen.

R-2 meanwhile on July 28, 2008 issued show-cause notice asking the petitioner to explain why land allotment in his name should not be cancelled for non-fulfilment of conditions of allotment. The petitioner then filed present writ petition.

Mr Justice K. Chandru dismissing petition, held that it was impossible to have a canteen with telephone booth and Xerox centre on the said land as the place had been earmarked for car parking. Even if SIDCO wished for change of usage, the planning authority would not permit such a change. The apex court, the judge said, had held in [(2010) 9 SCC 536 Nahalchand Laloochand P Ld vs Panchali Co-op Housing Society] that if a place was earmarked for car park, the developer had no right to dispose of same for other purpose.

Published on October 09, 2011

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