Shanthi v. The Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Shanthi ... Petitioner Vs.

1.The Director of Town and Country Planning, 807, Anna Salai, Chennai.

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 petitioner's land in R.S.No.86/4, Viraganoor Village, Madurai South Taluk, Madurai forming part of the Virahanur Detailed development plan No.3 to have lapsed in light of Sec.38 of the Tamil Nadu Town and Country Planning Act 1971 (TN Act 35 of 1974). For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.T.Villavankothai Additional Government Pleader 1/4

ORDER

Heard both sides.

2. The petition mentioned land was earmarked for scheme road in the detailed development plan published in the year 2002. Section 38 of the Town and Country Planning Act, 1971 read as 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, admittedly, no acquisition proceedings were taken. Therefore, the land in question should be deemed to have been released from reservation. The petitioner is entitled to the relief sought for. The reservation in respect of the petition mentioned land is declared as lapsed. The respondents are directed to make the necessary changes in the relevant records.

4. The Writ Petition is allowed. No costs.

20.02.2024 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The Director of Town and Country Planning, 807, Anna Salai, Chennai.

2.The Member Secretary, Madurai Town and Country Planning Authority, Madurai, Madurai District.

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G.R.SWAMINATHAN, J.

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