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3. The petitioner states that he had formed a residential layout in the property comprised in Survey Nos.88/6 and 89/6, measuring an extent of 1.83 acres, in the name and style of “CM Golden Nagar”. In the said layout, a total of 32 plots were formed, out of which 16 plots have already been sold. In accordance with the provisions of the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017, the petitioner applied for regularisation of the remaining 16 plots and, at the time of regularisation, an extent of 3224.64 square metres was reserved as Open Space Reservation (OSR).

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 03:08:34 pm ) “In the said Rules, in rule 7, in clause (g), in sub-clause (II), for the expression "The reservation of land for Open Space Reservation shall be provided by amalgamating or altering the unsold plots to an extent not less than 10% of the total area of unsold plots. However, it would not be essential to provide 10% of the unsold plot area in a layout in one contiguous stretch or in definite dimension", the expression "10 % of the unsold plot area shall be provided as Open Space Reservation. However, in respect of the layouts having unsold plot area upto 5000 Sq.m., the applicant shall either provide 10% of unsold plot area as Open Space Reservation or pay the amount equivalent to 10% of the prevailing guideline value of the unsold plot area" shall be substituted.” By the said amendment, the applicant shall either provide 10% of unsold plot area as open space reservation or to pay the amount equivalent to 10% of prevailing guideline value of unsold https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 03:08:34 pm ) plot area shall be substituted.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 03:08:34 pm )

6. However, the said request came to be rejected on the ground that G.O.Ms.No.94 dated 16.03.2024 came into force subsequent to the regularisation of the layout formed by the petitioner and therefore the benefit of the said Government Order cannot be extended to the petitioner. By the said Government Order, an amendment was introduced by substituting clause (g) in sub-clause (ii) of Rule 7 of the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017, enabling the applicant, in respect of unsold plots up to 5000 square metres, either to earmark 10% of the unsold plot area as Open Space Reservation or to remit an amount equivalent to 10% of the prevailing guideline value in lieu of such reservation.

8. In the view of this, rejecting the petitioner’s request on the ground that the Government Order is prospective is unsustainable. The amendment introduced by G.O.Ms.No.94 is beneficial in nature and provides an alternative method to comply with the Open Space Reservation requirement for unsold plots.

9. The petitioner is not seeking to reopen or alter the earlier regularisation already granted, but only seeks to avail the option subsequently provided by the Government for dealing with the unsold plots. Therefore, the respondents cannot deny the benefit of the said amendment merely on the ground that the layout had been regularised prior to the issuance of the Government Order.