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36. But, in respect of layouts whose total extent of land is above 10,000 sq.meters, the Rules have always insisted upon handing over of Open Space Reservation land to the extent of 10% of the total area. In respect of layouts whose total extent is above 10,000 sq.meters, it was made clear by the successive Government Orders that no charges in lieu of 10% of the area can be accepted. This is borne out by— (1) G.O.Ms. No. 743, Housing and Urban Development, dated 10.5.1979, (2) G.O.Ms. No. 940, Housing and Urban Development, dated 8.10.1982, (3) the Development Control Rules as of September, 2004 (hosted in the official website) and the Table contained therein under Rules 19(a) & 19(b), and (4) Regulation 29 and Annexure XX under the Development Regulations of the year 2008.

37. The above discussion containing the entire history of development of the legal obligations imposed upon developers of layouts under the https://www.mhc.tn.gov.in/judis W.P.Nos.3873, 24934 and 24935 of 2017 and 26578 of 2013 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.

38. In so far as the case on hand is concerned, the First Respondent-CMDA has taken a categorical stand that the land belonging to the Petitioner is in a layout whose original extent of site was above 10,000 sq.meters. Therefore, the obligation of the original promoter was to carve out Open Space Reservation land to the extent of 10% of the total area. No charges could be or could have been accepted in lieu thereof.