HC directs Madurai Corporation to demolish temple constructed unauthorisedly on OSR land
The Madurai Bench of the Madras High Court has directed Madurai Corporation to demolish a temple constructed unauthorisedly on an Open Space Reservation (OSR) land in Madurai.
The court was hearing the petition filed by R. Mayilsamy of Madurai who had sought a direction to the authorities to remove the unauthorised construction under the provisions of Tamil Nadu Town and Country Planning Act. The petitioner complained that a temple was constructed illegally by some residents of an apartment complex on the OSR land in New Vilangudi.
A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that OSR land cannot be allowed to be encroached upon even by the residents of the apartment complex. The OSR lands are to be maintained in the manner contemplated under the Act and the Rules in force.
The court observed that it is clear that the temple had been constructed without permission and was unauthorised. The OSR land had been utilised for construction of a temple in violation of the Act and the Rules.
The Supreme Court and the High Courts have time and again reiterated that OSR lands cannot be encroached upon by the resident or any other person. It is to be maintained by the authorities in the manner contemplated under the Act and the Rules, the court observed.
Since the temple has been constructed unauthorisedly in the OSR land of the apartment complex and in violation of the Rules, the structure has to be demolished and the OSR land is to be maintained scrupulously in accordance with the provisions of the Act and the Rules.
The court directed Madurai Corporation to demolish the unauthorised construction and restore the land to its original position as per the approved building plan in four weeks. The matter was posted for reporting compliance on July 2.
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