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11. The learned counsel further submits that in the writ appeals and SLPs, this position was culled out and a clean chit has been given for granting the planning permission by holding that prior to the new Town and Country Planning Act, 1971, it was not mandatory to allot an open space by the builder or lay-out promoter. Also, G.O.Ms.No.743 dated 10.05.1975 exempts 10% reservation of open space reserved area as on _____________ https://www.mhc.tn.gov.in/judis mandatory condition. In fact, one of the SLPs filed by the pre-predecessor Association member of the petitioner, the donor o the 5th respondent’s property, namely Mr.Balaji was impleaded as one of the respondents in the SLP Civil No.2881 of 2002 and the entire issue has been settled by the Supreme Court, which is binding on the petitioner. In the same place, their apartment has also been built and several buildings have been built in and around the vacant property of the 5th respondent.

6.Though the learned Single Judge of this Curt has elaborately discussed the provisions of the Act, he has over looked the facts pertaining of the writ petition. Hence, we are not inclined to deal with the order of the learned Single Judge elaborately as we find that the Government Order granting exemption to the appellant in W.A.No.407 of 1996 is on the basis of the de- reservation of the open space ear-marked under the original sanctioned lay out in 1961 and especially the de-reservation is in 1969, it is not open t the Authorities to deal with the land or to insist the land owner to leave it as the open space. Further, the new Town and Country Planning Act that was enacted in the year 1971 came into force in 1975. As the land under dispute was de-reserved much earlier to the new Act came into force, the new Act has no application for deciding the issue involved in this case. If at all, the new Act is applicable, it can be applicable only to the sanctioning of the building plan and it cannot be taken that the open space already de-reserved has to be _____________ https://www.mhc.tn.gov.in/judis maintained as open space which will, in turn, amount to contrary to the decision already taken by the local Authority.”

4. As already stated, the layout was sanctioned in the year 1961. In 1969, the Municipality passed a resolution that they are not willing to take over the land left by the promoter as open space for paucity of funds.

Subsequently, the layout was revised. Then, there is no further dispute that the open space reserved had been de-reserved. When once the de-reservation had been made automatically, it vests with the land owner and the local Authority has no control over the same. Hence, the promoter had dealt with the lands after the de-reservation. When that be the case, the order of the Chennai Metropolitan Development Authority rejecting the application for the planning sanction on the ground that the space falls within the reserved 'open space' cannot be sustained. Consequently, the Government _____________ https://www.mhc.tn.gov.in/judis has taken into consideration of all these facts and granted exemption under the impugned proceedings on the ground that the appellant in W.A.No.407 of 1996 is a bonafide purchaser for value and the fact remains that the land left for open space had been de-reserved. When these facts are not disputed by the respondents 1 to 8, we are of the view that there is no need to interfere with the impugned proceedings in the writ petition.

5.Though the learned single Judge has elaborately discussed the provisions of the provisions of the Act, he has over-looked the facts pertaining to the case, which are more relevant for the disposal the writ petition. Hence, we are not inclined to deal with the order of the learned Single Judge elaborately as we find that the Government Order granting exemption to the appellant in W.A.No.407 of 1996 is on the basis of the de-reservation of the open space earmarked under the original sanctioned layout in 1981 and especially, the de-reservation is in 1969, it is not open to the Authorities to deal with the land or to insist the landowner to leave it as the open space. Further, the new Town and Country Planning Act that was enacted in the year 1971 came into force in 1975, as the land under dispute was de-reserved much earlier to the new Act came into force, the new Act has no application for deciding the issue involved in this case. If at all, the new Act is applicable, it can be applicable only to the sanctioned of the building plan and it cannot be taken that _____________ https://www.mhc.tn.gov.in/judis the open space already de-reserved has to be maintained as open space which will, in turn, amount to contrary to the decision already taken by the local Authority.