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9. The appellant submits that as far as the lands in S.No. 343 (with GREEN BOUNDARY LINES) is concerned, a part of the said land has been reserved as open space reservation area with GREEN SHADE as per the Planning Permission rules and has to be handed over to local body for future maintenance.

However, the same could not be handed over due to the present case. It is further submitted that a part of land in S. No. 343 has been earmarked for commercial site as per plan approval and already allotted to M/s. Southern Associates and shown in BLUE SHADE and the remaining piece of land in S. No. 343 has been used for formation of residential plots, roads and open space reservation area as could be witnessed in Sketch `B'.

10. The appellant further submits that Tamil Nadu Housing Board strictly adheres to CMDA rules and norms and also ensure free space for movement and comfortable living for the allottees inside all their scheme. It is further submitted that when layouts are prepared, generally few pieces of the pieces of lands here and there may be left out, especially in the corners which cannot be effectively developed in individual plots or even as OSR. However, such lands are subsequently either brought to use for public utility purposes such as installation of street lights, construction of maintenance room etc. or allotted to the adjacent allottees as per Board Rules. This appellant submits that he respondents are presuming that the lands which are earmarked for formation of road, commercial site allotted to M/s. Southern Associates (which is lying vacant) and open space reservation area are unutilized but in reality the lands of the respondents have been completely utilized and lie within the approved layout as shown in Sketch `B' annexed along with this affidavit.

11. It will be seen that the lands which the appellant now claims in Map `B' as `Open Space Reservation' has been shown as housing plots in the plan as approved by Chennai Metropolitan Development Authority. The Chennai Metropolitan Development Authority is the authority to grant planning permission for formation of layout and construction of flats. The plan, which is filed herewith as Annexure II is the approved plan of Chennai Metropolitan Development Authority in respect of Block No.6, Madras Urban Development Project I, Sites and Services Programme, Mogappair in file No. SS2/3662/92. It will be seen that the sketch filed by appellant in Map `B' and the approved plan filed by the respondent as Annexure II are one and the same. The plan copy produced by the appellant herein pertains to Block Nos. 5 and 6 of Mogappair East under the Madras Urban Development Project-

II, Sites and Services Programme, Mogappair, while the copy produced by the respondent herein also pertains to the very same Block No.6, Mogappair East under the Madras Urban Development Project-II, Sites and Services Programme, Mogappair East. It will be seen from the approved plan issued by the Chennai Metropolitan Development Authority in 1992, in respect of the property in question that not even a single portion of it has been shown as `Open Space Reservation' land. The entire area has been shown as housing plots. Therefore, even as per the revised approved plan of Chennai Metropolitan Development Authority procured by the appellant herein in 1992, the lands in question have been shown as residential plot and not reserved as `Open Space Reservation' land. Therefore, the averment of the appellant herein as contained in the affidavit is factually incorrect.