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The petitioner has come up with the above writ petition, challenging a communication issued by the first respondent rejecting the request of the petitioner to waive Open Space Reservation Charges (OSR Charges) for consideration of his application for the grant of planning permission.

2. I have heard Mr.G.Masilamani, learned Senior Counsel for the petitioner, Mr.V.S.Sethuraman, learned Additional Advocate General appearing for the first respondent and Mr.V.Bharathidasan, learned Standing Counsel for the second respondent.

It is obligatory to reserve 10% of the layout area.

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20. In para-4 of G.O.Ms.No.743, Housing and Urban Development Department, dated 10.5.1979, the Government directed that all layouts/ subdivisions approved or effected before 5.8.1975 will be exempted from the above requirements without insisting upon Open Space Reservation. It was also further clarified in the same paragraph 4 that no Open Space Reservation Charges need be collected in subdivisions in areas earmarked for residential use in approved layouts provided the minimum prescribed plot extent is maintained. This paragraph 4 of G.O.Ms.No.743, Housing and Urban Development Department, dated 10.5.1979, may throw light upon the core question that arises for consideration in this case. Therefore, it is extracted as follows:-

"4. The Government also direct that the above modification of the open space reservation rule be given effect to from 5th August 1975 (date of coming into force of Development Control Rules). Consequently, all layouts /subdivisions approved or effected before 5.8.1975 will be exempted from the above requirements without insisting upon open space reservation. The Government also direct that no open space reservation charges need be collected in subdivisions in areas earmarked for residential use in approved layouts provided the minimum prescribed plot extent is maintained."

37. The above discussion containing the entire history of development of the legal obligations imposed upon developers of layouts under the Tamil Nadu Town and Country Planning Act, would show two things, namely, (i) that in respect of layouts where the total extent of land is above 10,000 sq. meters, it is not permissible to collect charges in lieu of 10% of the Open Space Reservation land; and (ii) that in respect of layouts where the total extent of land is between 3,000 sq. meters and 10,000 sq. meters, there was an option either to leave Open Space Reservation land or to pay charges in lieu thereof.