In a significant verdict, the Madras High Court has empowered the Coimbatore City Municipal Corporation to take back a piece of open space reserve (OSR) land that had been encroached upon in the Sanganoor area. The court's decision marks the culmination of a long legal battle over the public land.
Legal Battle Over Public Park Land
The dispute centers around a parcel of OSR land located in KG Layout within Ward No. 12. The Coimbatore Corporation had developed a park on this land back in 2010, aiming to provide a green lung and recreational space for local residents. However, this development was challenged by encroachers, who filed a petition in the Madras High Court.
Initially, the legal tide seemed to favor the encroachers. A single-judge bench of the High Court ruled in favor of the petitioners in 2021, putting the corporation's efforts on hold. Undeterred, the civic body filed a writ appeal the following year, in 2022, challenging that order.
Division Bench Overturns Earlier Order
The appeal was heard by a division bench comprising Justice S M Subramaniam and Justice Mohammed Shaffiq. In a decisive order dated November 13, 2025, the bench set aside the 2021 single-judge ruling. The court explicitly allowed the Coimbatore Corporation to proceed with retrieving the encroached parcel of OSR land.
In its reasoning, the bench placed strong emphasis on a crucial precedent. The court highlighted the Supreme Court's established judgment that areas designated as Open Space Reserve cannot be diverted for any other purpose. This principle formed the bedrock of their decision, reinforcing the sanctity of public land meant for community use and environmental balance.
Implications for Urban Land Management
This judgment is a major victory for the Coimbatore Corporation and sets a powerful precedent for similar cases of land encroachment across Tamil Nadu and potentially other states. It reaffirms the authority of urban local bodies to protect and manage community assets like parks and playgrounds.
The ruling sends a clear message against the illegal occupation of public utility spaces. By upholding the Supreme Court's stance on the inviolability of OSR land, the Madras High Court has strengthened the legal framework for preserving urban greenery and ensuring that city development plans which include essential open spaces are not undermined by unauthorized settlements.
