E.Deepa v. The Director Of Town And Country Planning
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.E.Deepa 2.M.Amsu 3.P.Muthumari 4.S.Maya ... 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, Virrugambakkam, Koyambedu, Chennai.
2.The Assistant Director/Member Secretary, District Town and Country Planning Office, Madurai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration to declare the reservation in respect of the lands of the petitioners 1 to 4 comprised in T.S.No.24/5 (Old S.No.146-7) at Ward No.25 Kochadai, Aarappalayam, Madurai West Taluk, Madurai District under the Madurai Local Planning Area Kochchadai Detailed Development Plan No.1 to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act 1971, within the time stipulated by this Court. 1/6
For Petitioner : Mr.M.Mohamed Nihal for M/s.Ajmal Associates For Respondents : Mr.A.Kannan Additional Government Pleader
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents.
3.It is the case of the petitioners that the subject land comprised in T.S.No.24/5 (Old S.No.146-7) at Ward No.25 Kochadai, Aarappalayam, Madurai West Taluk, Madurai District, belongs to them. They intended to develop the said land by effecting construction, for which, when they approached the respondents, they were informed that the said land was reserved for road and park forming part of the "Madurai Local Planning Area Kochchadai detailed development plan No. 1". Though the said plan was approved under Section 29 of the Tamil Nadu Town 2/6
and Country Planning Act, 1971 (hereinafter referred to as 'the Act') on 30.01.2006, till now, the road has not been developed and no declaration has been made under Section 37(2) of the Act within three years from the date of such publication. Therefore, the land reservation is lapsed as per Section 38 of the Act. Hence, they filed this Writ Petition with the aforesaid prayer. 4.The learned Additional Government Pleader appearing for the respondents would submit that the petitioners have to make an application to release their land and the same would be considered on merits within the stipulated time to be fixed by this Court.
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 3/6
purchase of any land which may be acquired under section 36 or make an 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 sub-section (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 4/6
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 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 makes 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.
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N.SATHISH KUMAR , J.
Rmk 7.In such view of the matter, as the land has not been acquired within the mandatory period as per the above section, such land shall be deemed to be released from such reservation. Accordingly, the respondents shall release the land of the petitioners, if there is no such notification issued. 8.With the above direction, this Writ Petition is disposed of. No costs. 24.09.2024 (2/2) NCC : Yes/No Index : Yes/No Rmk To 1.The Director of Town and Country Planning, Directorate of Town and Country Planning, CMDA Office Complex, E&C Market Road, Srinivasa Nagar, Virrugambakkam, Koyambedu, Chennai.
2.The Assistant Director/Member Secretary, District Town and Country Planning Office, Madurai.
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