K.Chitra Gandhi v. The Director Of Town And Country Planning
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.18550 of 2025 K.Chitra Gandhi ... Petitioner Vs.
1.The Director of Town and Country Planning, 807, Anna Salai, Chennai, Chennai District.
2.The Member Secretary,, Madurai Town and Country Planning Authority, Madurai, Madurai District.
...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 reservation made in respect of the petitioners land in old survey number 79/11, and 76/4, (T.S.No.6/15 and 9/9), Karuthapuliyampatti Village, Melur Taluk, Madurai District forming part of the Melur Local Planning Area Detailed Development Plan Number 7 to have lapsed in light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 (TN ACT 35 of 1972) in view of failure to acquire the petitioners lands under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. For Petitioner : Mr.Mahaboob Athiff.M For Respondents : Mr.D.Ghandiraj Special Government Pleader 1/5
ORDER
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2. The learned Special Government Pleader appears on behalf of the respondents fairly concedes that the land for the scheme road has not been acquired. Further, he has filed a copy of the communication received from the second respondent and the same is extracted hereunder: 2/5
4. Under similar circumstances, the Court has declared that the land has been released from the resolution by taking note of Section 38 of Tamil Nadu Town and Country Planning Act, 1971 in the order passed in W.P(MD) No.1456 of 2023 dated 01.02.2025 and the operative portion of the above judgment is reproduced hereunder:
2.The petition mentioned land was reserved for road purposes in the detailed development plan in the year 1994. 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 3/5
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.
This Writ Petition stands allowed in terms of the above said judgment. No costs.
09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Director of Town and Country Planning, 807, Anna Salai, Chennai, Chennai District.
2.The Member Secretary,, Madurai Town and Country Planning Authority, Madurai, Madurai District.
4/5
C.SARAVANAN, J.
Indu W.P(MD).No.18550 of 2025 09.07.2025 5/5