Rohini v. The Deputy Director Of Town And Country Planning Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.11050 of 2023 Rohini ... Petitioner vs.

1.The Deputy Director of Town and Country Planning Authority, Madurai Corporation Campus, Madurai.

2.The Member Secretary, Madurai Local Planning Authority, Madurai Corporation Campus, Madurai.

3.The Commissioner, Madurai Municipal Corporation, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to issue the "No objection Certificate" to the petitioner's land comprised in S.No.104/7A to an extent of 0.15.50 Hectares, S.No.104/7C to an extent of 0.20.50 Hectares situated at Uthangudi Revenue Village, Madurai East Taluk, Madurai District on the basis of the petitioner's representation, dated 06.03.2023.

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For Petitioner :Mr.M.Sridharan For R1 and R2 :Mr.D.S.Nedunchezhian Government Advocate For R3 :Mr.S.Vinayak *****

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents to issue the "No objection Certificate" to the petitioner's land comprised in S.No.104/7A to an extent of 0.15.50 Hectares, S.No.104/7C to an extent of 0.20.50 Hectares situated at Uthangudi Revenue Village, Madurai East Taluk, Madurai District on the basis of the petitioner's representation, dated 06.03.2023. 2.Heard Mr.M.Sridharan, learned Counsel for the petitioner, Mr.D.S.Nedunchezhian, learned Government Advocate for the respondents 1 and 2 and Mr.S.Vinayak, learned Counsel for the third respondent.

3.The learned Counsel for the petitioner stated that under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, the land should be released if within three years from the date of publication of 2/6

the notice in the Tamil Nadu Government Gazette, the land had not been acquired.

4.In this connection, the learned Counsel for the petitioner had placed reliance on an earlier order in W.P.(MD)No.9118 of 2009 [A.George (died) and another vs The Member Secretary, Thanjavur Local Planning Authority and others), wherein, this Court had examined the very same issue and had finally stated as follows. "12.Likewise, there is no disputation or disagreement that there is no acquisition of aforesaid land that was reserved in the instant case.

13.Therefore, in the considered view of this Court, it follows as an indisputable sequitur that the land reserved in the instant case ie., case on hand also stands released by operation of Section 38 of T.N.T.C.P.A Act.

14.The further sequitur is that the impugned order made by the third respondent has to be set aside.

15.In the light of narrative thus far, instant writ petition is allowed. There shall be no costs."

5.It is also stated that another learned Single Judge of this Court in W.P.(MD)Nos.29118-29120 of 2022, [Rahman Beevi vs the Director, Directorate of Town and Country Planning and another], dealt with Karanthai Detailed Development Plan Part-VI and by an order, dated 20.01.2023 had stated as follows:

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"2.The petition mentioned land was reserved for road purposes in the detailed development plan in the year 1988. 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." 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.These writ petitions are allowed accordingly. No costs." 6.The reasons therein ennure to the petitioner also. Accordingly, since the land had not been acquired within a period of three years from the date of publication of the detailed development plan and since consequential steps have not been taken, I hold that the land stands released from such reservation.

The respondents are directed to make necessary changes in the revenue records.

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7.The Writ Petition stands allowed. No order as to costs. Index :Yes / No 14.06.2023 Internet :Yes NCC : Yes/No cmr To 1.The Deputy Director of Town and Country Planning Authority, Madurai Corporation Campus, Madurai.

2.The Member Secretary, Madurai Local Planning Authority, Madurai Corporation Campus, Madurai.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.11050 of 2023 14.06.2023 6/6