Shankar Ganesh .P v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.P.Sankar Ganesh 2.P.Dhanasekar ... Petitioners Vs.

1.The Director, Town and Country Planning, C & E Market Road, Koyambedu, Chennai 600 107.

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

3.The Madurai City Municipal Corporation, Rep. by its Commissioner, O/o.Madurai Corporation Office, Melur Main Road, Outpost, Naganakulam, Madurai-625020.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, to declare the petitioner's land in Survey Nos.14/7A, 14/7B, 14/5B, 14/5C, 14/6, 13/4A1B2, 13/4A1A of 1/4

Melamadai II Bit, Madurai East Taluk, Madurai District is deemed to be released as per Section 38 of Town and Country Planning Act, 1971 from the proposed Scheme Road No.B1B1 and C1C1 under the Melamadai Detailed Development Plan No.1 in DDP / MR No.1/1998 issued by the 2nd respondent. For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.P.Thambidurai Government Advocate for R1 & R2 : Mr.S.Vinayak for R3

ORDER

Heard the learned counsel on either side.

2.The petition mentioned land was earmarked for scheme road in the detailed development plan published in the year 1998. 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 2/4

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.The writ petition is allowed accordingly. No costs. 31.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Director, Town and Country Planning, C & E Market Road, Koyambedu, Chennai 600 107.

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

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G.R.SWAMINATHAN, J.

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