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7. The learned counsel for the petitioner also placed reliance on the order dated 30.04.2021 of another Division Bench in W.A.Nos. 340 & 360 of 2019. The Division Bench had examined access to a road in an unapproved layout. The Division Bench had held as follows in paragraph No. 20:-

“20.Whether it is an approved or an unapproved layout, once the piece of land has been shown as a road promising the purchasers that the access is available through those roads to reach their plots, it would get the character of https://www.mhc.tn.gov.in/judis road and it should be used only for road purpose and it can neither be converted nor divested for any other purpose or claimed as private property by the developer. Admittedly, the road portions are comprised in S.No.287/1A3 and 287/1A4. As rightly pointed out by Mr.V.Jayaprakash Narayanan, learned Government Pleader relying upon the circulars dated 13.02.2006 issued by the Director of Town and Country Planning and circular dated 02.07.2012 issued by the Commissioner of Survey and Settlement, once a portion of the land in the unapproved layout is shown as common area, it should be set apart for public utility and should be separated from the rest of the lands. The relevant portion of the circular dated 13.02.2006 reads as follows:
https://www.mhc.tn.gov.in/judis “(i)In respect of unapproved layouts, roads and other places set apart for public utility should be separated and the rest of lands should be surveyed and sub divided - based on the title deeds such as sale deeds, settlement deeds, gift deeds, relinquishment deeds, etc., and assigned separate T.S./Survey/Sub division Number (both in towns and villages, i.e., Town and Cadastral Survey). Title (name of owner) should be clearly indicated in 'A' Register/Chitta, etc.,
(iv)In respect of unapproved layouts, the common areas till they are handed over/taken over by Government/local bodies, etc, will bear a joint Patta in the names of all the owners of the unapproved layout and will not be labelled as road, etc. since this involves the jurisdiction of the local body/other Government departments.” Therefore, it is clear that even in an unapproved layout, the piece of land which has been shown as road and other places set apart for public utility cannot be used for any other purposes and it should be separated from the rest of the land and it will bear a joint patta in the name of all the owners of the unapproved layout.

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8. A conjoined reading of the observations of the Division Bench in both the above orders would show that even if a road is formed in https://www.mhc.tn.gov.in/judis an unapproved layout and the road is also categorised as an unapproved road or a private road, access to the same cannot be denied. The further ratio which had been laid is that even if it is an unapproved road and access is denied, the encroachment should be removed and the responsibility for removing the encroachment would be on the concerned Corporation, in this case by the Coimbatore Corporation. The petitioners and the third respondent have taken the same that the fence should be removed.