Samsudeen v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.958 of 2023 1.Samsudeen 2.Zagarzan Begam ... Petitioners Vs.

1.The Director, Directorate of Town and Country Planning 2nd, 3rd & 4th Floor, C & E Market Road, Koyembedu, Chennai-600 107.

2.The Member Secretary, Thanjavur Local Planning Authority, No.5, Ganapathi Nagar, 2nd Street, Medical College Road, Thanjavur-613007.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 & 2 to release the petitioner's land measuring of 2 Acres 9.45 cents situated in Town Survey No.317/3 and 320/2 situated at 1st Ward, Block No.15, Karunthattangudi, Thanjavur Town, Thanjavur District treating the "Karanthai 1/4

Detailed Development Plan No.2" of Thanjavur Local Planning Area as lapsed under Section 38 of Tamil Nadu Town Country Planning Act, 1971. For Petitioners : Mr.R.Karunanidhi For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petition mentioned land was reserved for road purposes in the detailed development plan in the year 1974. Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 is follows:- "38. Release of land.- If within three years from the date of the 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." 2/4

3.In this case, within three years from the date of publication of the detailed development plan, the land was not acquired. Since consequential steps were not taken, it is declared that the reservation made in respect of the petition mentioned land is deemed to have lapsed. It stands released from such reservation in view of the aforesaid statutory provision. The respondents are directed to make the necessary changes in the revenue record. 4.The writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

01.02.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Director, Directorate of Town and Country Planning 2nd, 3rd & 4th Floor, C & E Market Road, Koyembedu, Chennai-600 107.

2.The Member Secretary, Thanjavur Local Planning Authority, No.5, Ganapathi Nagar, 2nd Street, Medical College Road, Thanjavur-613007.

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G.R.SWAMINATHAN, J.

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