The First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice T.S.Sivagnanam before whom the PIL filed by A Kanagasabapathy,Secretary,Raja Nagar Welfare Association,came up, had earlier ordered the Corporation to enquire and file an affidavit before it on the charge that the 16985 square foot land,earmarked as Open Space Reservation,for a Primary school.
It also directed all Departments to cooperate.
The matter relates to an area developed at Neelangarai comprising 81 Plots on 10 acres, an approved lay-out. Even prior to its sale to promoters, Neelankarai panchayat had sanctioned it.An approval from the Director of Town planning was obtained and 10 per cent of the land was earmarked as OSR.
He submitted that as per the encumbrance certificate out of 16985 sq.Ft. Earmarked as OSR only 6000 Sq.Ft was reflected as sold to one Purushothaman. He also alleged nowhere in the certificate was the title of the property, from whom it was purchased and who sold the same, mentioned.
He said all these were brought to the notice of the Corporation and through a representation to Chief Minister.
The Secretary submitted that Soundarajan with an ulterior motive filed a suit against his accomplice stating as a trespasser also got some injunction in a civil /court as if he is the owner of the said Property which is earmarked as OSR.
Hence Kanagasabathy moved court seeking a direction from to the Commissioner, Corporation of Chennai to take action against these persons indulged in grabbing.
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