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7.Having got power to sell the properties, i.e, the respective shares of three sons of Mrs.Salimunnissa, Ms.P.G.Sobha has developed the property by way of an unapproved layout. The appellants purchased https://www.mhc.tn.gov.in/judis/  W.A.Nos.340 & 360 of 2019 80 cents of land comprised in S.No.230 for providing 20 feet road and another piece of land measuring about 12 cents comprised in S.No.230/3 on 04.05.2014 from one Mr.M.C.John for providing 20 feet road. Making use of those lands 20 feet wide road was provided to the property purchased from Mr.Amanuddin viz., S.No.287/1A1 and 33 feet road was formed to provide access to the property purchased from Mr.Shahbuddin comprised in S.No.287/1A3. After showing the said property as road, the property belonging to Mr.Amanuddin, Mr.Shahbuddin and Mr.Zakkauddin have been divided into plots and sold to various third parties. Though it was developed as a gated community, no approval has been obtained. Many third parties have purchased plots in the unapproved layout. The compound wall was constructed abutting the portions of Mr.Shahbuddin on the western side as well as eastern side.

17. Mr.V.Jayaprakash Narayanan, learned Government Pleader would submit that once the land has been divided into plots and developed as a layout, whether it is approved or unapproved, the land, which has been shown as a road, should be used as a common road or public road and no one has got any right over the property. In this https://www.mhc.tn.gov.in/judis/  W.A.Nos.340 & 360 of 2019 regard, he referred to a circular issued by the Director of Town and Country Planning, dated 13.02.2006, stating that the road in a layout should not be earmarked as for owner's use which deprives the access to the adjacent land owners. He also referred to another circular dated 02.07.2012 issued by the Commissioner of Survey and Settlement stating that in respect of both approved and unapproved layouts where space is allocated for roads and public utilities, they should be surveyed separately and assigned separate T.S.No and that they should be in the name of Government or local body agencies. In respect of unapproved lands, the common areas, till they are handed over/taken over by the Government/local body, will bear a joint patta in the names of all the owners of the unapproved layout. He would point out from Rule 4(6) of the Tamil Nadu Regularisation of the Unapproved Layouts and Plots Rules, 2017 in G.O.Ms.No.78, dated 04.05.2017 that no plot with encroachment on to a public road or street or any other land over which the applicant does not possess ownership right shall be considered for regularisation. The learned Government Pleader relied upon a Division Bench Judgment of this Court in Mariam Beevi Vs. Athirampuzha Grama Panchayath reported in 2007 SCC Online Madras 381 to contend that the open land reserved for public purposes cannot be used https://www.mhc.tn.gov.in/judis/  W.A.Nos.340 & 360 of 2019 for any other purposes. Another judgment in OSA.No.50 to 59 of 2018 dated 08.06.2018 in the case of M/s.Sterling Garden and Foundations Apartment Owners Association, Rep. by its Secretary Muthukumar Vs. Hyder Ali and 15 others, has been referred in which it is held that even in unapproved layouts where the lands are shown as public roads, they can be accessed by public. Similar dictum has been laid down by this Court in W.P.No.19570 of 2018 in J.Kirubakaran Marcus Vs. The Commissioner, Greater Chennai Corporation and others dated 31.07.2018. By relying upon these judgments, the learned Government Pleader would submit that the piece of land which has been shown as road in unapproved land cannot be used for any other purposes, except as a road. Therefore, he seeks to dismiss the appeals.

https://www.mhc.tn.gov.in/judis/  W.A.Nos.340 & 360 of 2019

21.Rule 4(6) of Tamil Nadu Regulation of Unapproved Layouts and Plots, 2017 reads as follows:

“No plot with any encroachment on to a public road or street or on any other land over which the applicant does not possess ownership right and lands affected by the repealed Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978) shall be considered for regularisation” Therefore, no encroachment is allowed on public road and even if it is encroached it cannot be considered for regularisation. A Division Bench of Kerala High Court in Mariam Beevi Vs. The Secretary Athirampuzha Grama Panchayath and others reported in 2017 SCC Online Ker 7182 held that the road has as an element of public utility attached to it, be it private or public. Paragraphs 14, 16 & 17 of the said judgment are extracted as follows:

22.From the above Rule, Circulars and judgments it is very clear that once a piece of land has been shown as road or pathway, it should be used and known as only road and no one including the developer has got any right over the property. It should be called as https://www.mhc.tn.gov.in/judis/  W.A.Nos.340 & 360 of 2019 public road or it is available for the use of persons who purchased the plots in the unapproved layout.