Prabhu Kannappan v. The Director Of Town And Country Planning
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.100 of 2025
1. Prabhu Kannappan
2. Divakar
3. Dilip Kumar ... Petitioners Vs.
1. The Director of Town and Country Planning, Directorate of Town and Country Planning, CMDA Office Complex, E & C, Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai.
2. The Assistant Director/Member Secretary, District Town and Country Planning Office, Karaikudi District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare the reservation in respect of the lands of the petitioners No.1 to 3 comprised in T.S.Nos.32,33,37,40,41 and 42 at Block No.1, Sivanathamatam Lane, Ward No.9, Karaikudi Municipal Town, Karaikudi District, under the Karaikudi Local Planning Authority Senjai Extension Detailed Development Plan to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 within a time stipulated by this Court.
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For Petitioners : M/s.S.Mamtha for M/S.Ajmal Associates For R-1 & R-2 : Mr.T.Amjadkhan Government Advocate
ORDER
The prayer in the Writ Petition reads as follows:- "Writ of Declaration, to declare the reservation in respect of the lands of the petitioners No.1 to 3 comprised in T.S.Nos.32,33,37,40,41 and 42 at Block No.1, Sivanathamatam Lane, Ward No.9, Karaikudi Municipal Town, Karaikudi District, under the Karaikudi Local Planning Authority Senjai Extension Detailed Development Plan to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 within a time stipulated by this Court."
2. Heard the learned counsel on either side and carefully perused the entire materials available on record.
3. The petitioners are the owner of the subject property by way of 2/7
registered gift deed dated 30.06.2023 vide document No.2016/2023. While this being so, the subject property was earmarked for Karaikudi Local Planning Authority Senjai Extention Detailed Development Plan, in the year 1986 and the petitioners were orally informed that the above said plan was published in Tamil Nadu Government Gazette. However, the respondents have not acquired the subject property till date and nearly 38 years have been lapsed now. Hence, this writ petition came to be filed.
4. The matter in hand is no more res integra and this Court in another case in W.P.(MD)No.20277 of 2024, dated 23.09.2024, has already passed favourable order to the petitioners therein and the relevant portion of the same is extracted as follows:- "5. It is relevant to extract Sections 37 and 38 of the Act for easy reference:~ '37.Power to purchase or acquire lands specified in the development plan.~ (1)Where after the publication of the notice in the Tamil Nadu Government Gazette of preparation of a regional plan, master plan, detailed development plan or a new town development plan, as the case may be, any land is required, reserved or designated in such plan, the appropriate planning authority may, either enter into agreement with any person for the acquisition from him by purchase of any land which may be acquired under section 36 or make an 3/7
application to the Government for acquiring such land under the Land Acquisition Act, 1894 (Central Act I of 1984): Provided that if the value of such land exceeds fifty thousand rupees the appropriate planning authority shall not enter into such agreement without the previous approval of the Government.
(2) On receipt of an application made under subsection (1), if the Government are satisfied that the land specified in the application is needed for the public purpose specified therein, they may make a declaration to that effect in the Tamil Nadu Government Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894), in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section 6 of the said Act:
Provided that no such declaration in respect of any particular land covered by a notice under section 26 or section 27 shall be made after the expiry of three years from the date of such notice.
(3) On the publication of such declaration, the Collector of the district within whose jurisdiction the land is situate, shall proceed to take order for the acquisition of such land under the said Act; and the provisions of that Act shall, so far as may be, apply to the acquisition of the said land with the modification that the market value of the land shall be the market value prevailing on the date of publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27, as the case may be.
38. Release of land.~ If within three years from the date of the 4/7
publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27~ (a) no declaration as provided in sub~section (2) of section 37 is published in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice; or (b)such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation.'
6. A perusal of the above Sections make it very clear that within three years from the date of publication of the notice, if no acquisition of land is made in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice, such land shall be deemed to be released from such reservation, allotment or designation. Though the proviso also enables the Government to issue notification extending the period, till date, no such notification has been issued."
5. Fully fortified by the aforesaid order, this Court is of the considered view that the land belonging to the petitioners have not been acquired so far, within the mandatory period as required by Sections 37 and 38 of the Tamil Nadu Town and Country Planning Act, 1971. Such land shall be deemed to be released from such reservation. The respondents shall release the land of the 5/7
petitioners, if no such notification is issued so far.
6. The Writ Petition is disposed of with the above direction. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
08.01.2025 NCC : Yes / No Index : Yes / No jbr TO:-
1. The Director of Town and Country Planning, Directorate of Town and Country Planning, CMDA Office Complex, E & C, Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai.
2. The Assistant Director/Member Secretary, District Town and Country Planning Office, Karaikudi District.
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L.VICTORIA GOWRI, J.
jbr Order made in Dated 08.01.2025 7/7