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Judgment
S.M.Subramaniam, J
The Contempt Petition has been instituted to punish the respondents for wilful disobedience of the orders of this Court dated 26.04.2017 in W.P.No.10516 of 2017.
The following orders are passed by this Court:-
“ 4. The fourth respondent shall cause an inspection of the site, I.e., Phase II in Kurichi Housing Unit, SIDCO, Coimbatore – 641 021, within a fortnight from the date of receipt of a copy of this order and if constructions are found to be in violation of the sanctioned plan or if it is unauthorized in any other manner, the respondents shall take action in accordance with law,, after giving notice to all concerned, and conclude the proceedings within a period of two months thereafter.
The Writ Petition, according, stands disposed of. No costs. Consequently, W.M.P.No.11416 off 2017 is closed.”
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In response to the Contempt Petition, the Commissioner, City Municipal Corporation, Coimbatore filed a status report and the relevant paragraphs are extracted hereunder:-
3) I state that the officials of the first respondent Corporation inspected the Kurichi Housing Unit Phase – II SIDCO, Coimbatore and perused the records relating to the reserve sites earmarked in the approved layout L.P.A.No.23 of 1981. It is further submitted that the layout formed land measuring an extent of 45.50 acres. Out of which 4.85 acres earmarked for park, playground and open space in the approved layout. The other saleable reserve sites namely, Weekly market place, Nursery school, Community Hall and High School are under the control of the Tamil Nadu Housing Board.
4) The following classifications earmarked in the approved area and the encroachments therein mentioned as follows:
Sl.
No.
OSR Classification
Area Sq.mt
Nature of usage at present
Extent of area other than OSR usage. (Sq.mt)
1
Weekly market place saleable area.
1983
Govt. Fisheries Department building
815
2
Nursery School Saleable area TNHB control.
1700
Siddi Vinayagar Temple
652
3
Community Hall Saleable area TNHB control.
1375
Vacant
--
4
High School Saleable area
8417
a. OHT Tank
1100
TNHB Control.
b. Ration Shop
40
c. Anganwadi Cent.
40
d. Pump Room
22
e. ACC shed
15
5
Reserved for Open Play ground
3150
a. Water tank
500
b. Community hall
120
6
Park – I
2802
Sri Dharmasastha Tem. & Mandapam.
1938
7
Park – II
1236
Developed as a park
--
8
Park – III
8300
Pump Room
150
9
Park – IV
1260
Temple
965
10
Park – V
2300
ACC Sheet Indoor Stadium
400
11
Open - I
280
Vacant
--
12
Open - II
130
ACC shed.
Encorachment removed.
--
13
Open - III
200
OHT tank
20
14
Open - IV
187
Vacant
--
15
Open - V
317
Children’s park developed
--
5)It is submitted that the other OSR land called weekly market place measuring an extent 1983 sq.mtr. Govt. Fish farming building exists measuring an extent of 815 sq. mtr., nursery school measuring an extent of 1700 sq.mtr., community hall measuring an extent of 1375 sq.mtr. And High School measuring an extent of 8417 sq.mtr. Which are saleable area and under the control of the Tamil Nadu Housing Board. These areas are not coming under the 10% OSR land and saleable by the promoter of the layout, namely the Tamil Nadu Housing Board.
6) It is submitted that the encroachment in Open Space II measuring an extent of 130 sq.mtr. By private person has been removed and possession taken over and name board erected and fenced the same by the Corporation.
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7) The land measuring an extent of 2300 sq.mtr. Is earmarked for park-V in the approved layout, the Welfare Association after obtaining permission from the then Kurichi Municipality constructed a ACC Sheet indoor stadium measuring an extent of 400 sq.mtr. For the usage of the members of Kurichi Housing Phase -II and the same has been handed over to the Corporation and said no objection for using the same for public purpose.
It is submitted that the temples exist in the OSR lands and the same are maintained by the residents of Kurichi Housing Unit Phase – II. This Hon’ble Court suo moto impleaded the Joint Commissioner, HR&CE Department and filed their status report, pending for consideration by this Hon’ble Court. Under the circumstances, the respondent Corporation is not in a position to remove the temples at present without further direction from this Hon’ble Court.
In view of the above status report, the respondents have not committed any willful disobedience. If any other grievance exists to the petitioner, he is at liberty to workout his remedy in the manner known to law.
Accordingly, this Contempt Petition stand closed.