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PMD, J

4. The learned counsel for the petitioner has also drawn the attention of this court to the copy of the lay out filed along with the writ petition and pointed out that all the plots have been given specific plot numbers, whereas the areas which have been earmarked as open spaces meant for common purposes/amenities have not been given any numbers and therefore they cannot be termed as plotted areas and have to be construed as open areas or areas meant for amenities and cannot be alienated. He has also referred to GO.Ms.No.391, MA and UD department, dated 23.6.1980 and Rule 4-B therein, wherein, it is specified that in any lay out or specification for residential area, minimum of 10% of the entire lay out area shall be reserved for parks and play area and recreational space. It is submitted that it is for this purpose that the open plots have been left out within the lay out and by sale of such properties, the respondent no.1 is flouting its own guidelines.

9. In reply to the above submissions, the learned counsel for the petitioner submitted that the first petitioner being the welfare association and its members having purchased the plots, the legitimate expectation was that the plots, which have been shown as earmarked for open spaces or common amenities, will be maintained in the same way in the future. It is submitted that section 58 of the HUDA Act and even the reliance upon Section 15 of HMDA Act by the respondents would further show that, though the HMDA has the power to modify the layout, the same has not been done by the HMDA in this case.

17. From the above judgments it is noticed/observed that the HMDA/HUDA the authority which has formed and approved lay out, it cannot by itself change the land use without approval of the State Government. In the present case, the respondent HMDA has not obtained any permission from the State Government for change of land use of the plots which have not been numbered and which are presumably for common spaces and open areas. When the HMDA is selling the plots, it may not be able to restrict the use of the land by the purchasers. It cannot stipulate the condition that the purchaser can only make constructions catering to a particular need in the lay out. As rightly pointed out by the learned counsel for the petitioner, the HMDA is required to leave minimum of 10 % of the layout area for common areas and open spaces.