Introduction:

In a significant ruling, the Madras High Court emphasized the importance of maintaining reserved land use for public purposes, particularly for schools in city layouts. The bench, comprising Chief Justice SV Gangapurwala and Justice P Dhanabal, heard an appeal by the Arulanandammal Nagar Welfare Society against Ponnamani’s attempt to convert a school-reserved plot into residential plots. The court delved into the Tamil Nadu Town and Country Planning Act, highlighting the critical role of parks and playgrounds as the lungs of a city.

Arguments of Both Sides:

The Arulanandammal Nagar Welfare Society argued that Ponnamani, who purchased the land earmarked for a school, was obligated to construct a school on the property. They contended that changing the land use would be detrimental to plot holders. Ponnamani relied on a Town and Planning Department circular, asserting that if a public purpose was available within 2-3 km of the layout, conversion of land use could be allowed. He argued that the sale deed lacked a condition for constructing a school on the land.

Court’s Judgement:

The Madras High Court, citing relevant sections of the Tamil Nadu Town and Country Planning Act, emphasized the sanctity of reserved land use conditions. It noted that if a plot reserved for public purposes remained undeveloped for five years, the reservation lapsed. The court observed that the circular referenced by Ponnamani allowed conversion only if the public purpose was available within a specified distance. In this case, the court found about 15-16 schools within the designated radius, justifying the school reservation. The judgment upheld the single judge’s decision, dismissing theappeal.