Allow public access to playground on govt land, says Madras High Court

CHENNAI: The Madras High Court directed the Hindu Seva Samajam, a public charitable trust, to remove the wall erected around it's school building enabling the residents of the area to use the playground, as it was given by the State for free of cost.

The Tamil Nadu Housing Board cannot allot the land meant for playground to the charitable trust, since the playground has to be used as playground and for no other purpose, wrote Justice J Nisha Banu, while disposing of the petition moved by the trust seeking to transfer the land title in it's favour.

The judge directed the Hindu Seva Samajam to demolish the wall constructed around the school building, enabling the resident to access the playground for the sports activities.

The judge also directed the housing board to return the money received for the transfer of title for the playground in favour of the petitioner trust.

On April 26, 1989, the housing board alloted a land at Thiruvanmiyur to the trust to an extent of 1,889.34 square meters for the purpose constructing a school.

The land was alloted by fixing the sale price for 50 percent of the total extent and the remaining 50 percent of the land has been allotted free of cost on condition that the trust should allow the residents of the colony to conduct sports events without affecting the interest of the school.

However, the trust established a wall obstraining the residents from using the playground.

Subsequently, the housing board demanded Rs 27.36 lakh from the trust since it violated the condition by taking over the entire extent of land.

In the interregnum the housing board increased the land price periodically considering the market value of the land.

In 2018, the housing board finalised the cost at Rs.6.10 crore for the land allotted.

Aggrieved by this the trust approached the Court seeking the title of the land at the price fixed earlier.