Authorities must protect public purpose lands from encroachment by conducting inquiries and ensuring procedural fairness.

The Petitioner filed a Writ of Mandamus seeking a direction for the respondents to remove encroachments and restore Open Space Reserved (OSR) lands in a layout approved via DTP Plan No.LPI / DTP 2/71 at Kurichi Housing Unit

The Petitioner alleged that encroachments by third parties deprived residents of the use of public-purpose lands

The 6th Respondent, impleaded during proceedings, contended that the layout was old and required a factual inquiry

The State authorities maintained that they were obligated to protect lands earmarked for public purposes like parks and roads

1. Whether the High Court can conduct a roving inquiry into disputed factual questions regarding encroachments within the scope of writ proceedings

2. Whether the authorities are legally bound to protect and restore Open Space Reserved (OSR) lands earmarked for public purposes in an approved layout

The Court applied the principles governing the protection of common purpose lands, including OSR lands, parks, and roads, as established by the Supreme Court of India in Association of Vasanth Apartments’ Owners v. V.Gopinath and others (2023 SCC OnLine SC 137)

The court adhered to the principle that disputed questions of fact involving documents and evidence must be adjudicated by competent administrative authorities rather than through a roving inquiry under Article 226 of the Constitution

The Court observed that while the protection of OSR lands is of "paramount importance," the High Court is not the appropriate forum to conduct a detailed factual investigation into the history of the layout or the specifics of the alleged encroachments

Justice S.M. Subramaniam reasoned that such an exercise must be undertaken by competent authorities who can evaluate evidence and afford all interested parties an opportunity to be heard

By linking the legal mandate in Association of Vasanth Apartments’ Owners to the specific facts of the Kurichi Housing Unit layout, the Court determined that if encroachments are identified upon inquiry, the state is duty-bound to initiate enforcement actions to restore the land to its original earmarked public purpose

The authorities must provide an opportunity for a hearing to all interested parties, adjudicate the facts and applicable law, and proceed with enforcement/eviction actions if encroachments or illegal alienations are identified; This process is ordered to be completed as expeditiously as possible, preferably within six months from the date of receipt of the order