D. Arulanandhu v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI D.ARulanandhu ... Petitioner Vs.
1. The Director, O/o. Town and Country Planning, 2nd, 3rd & 4th Floor, C Market Road, Koyambedu, Chennai - 600 107.
2. The Joint Director / Member Secretary, Town and Country Planning, Trichy Region, No.11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Trichy, Thiruchirapalli District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare the reservation made in respect of the petitioner land situated at Ward. av KOTTAPATTU(P), Block No. 02, Trichirappalli Corporation Kottapattu Village, (*)Old S.F.No. 140/1D and New T.S.No. 20/3 to an extent of 6483 sq.fts out of total extent 18566 sq.fts, forming part of Tiruchirappalli Local Planning Area Golden Rock Detailed Development Plan 1/7
No. 3 (Map No. 4 and 5) DDP(TR)/DTCP No. 20/2005 dated 16.09.2005 has been lapsed in the light of Section 38 of Tamil Nadu Town and Country Planning Act 1971 within a period that may be stipulated by this Hon'ble High Cour. For Petitioner : Mr.K.Viralinathan For Respondents : Mr.S.Kameshwaran Government Advocate
ORDER
The prayer in the Writ Petition reads as follows:- "declare the reservation made in respect of the petitioner land situated at Ward. av KOTTAPATTU(P), Block No. 02, Trichirappalli Corporation Kottapattu Village, Old S.F.No. 20/3, and New T.S.No. 140/1D to an extent of 6483 sq.fts out of total extent 18566 sq.fts, forming part of Tiruchirappalli Local Planning Area Golden Rock Detailed Development Plan No. 3 (Map No. 4 and 5) DDP(TR)/DTCP No. 20/2005 dated 16.09.2005 has been lapsed in the light of Section 38 of Tamil Nadu Town and Country Planning Act 1971 within a period that may be stipulated by this Court."
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
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3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate and the learned senior counsel appearing for the respondents and carefully perused the entire materials available on record.
4. The matter in hand is no more res integra and this Court in another case in W.P.(MD)No.20277 of 2024, dated 23.09.2024, has already passed favourable order to the petitioner therein and the relevant portion of the same is extracted as follows:- "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.
previous approval of the Government.
(2) On receipt of an application made under subsection (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 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.
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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 make 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."
5. Fully fortified by the aforesaid order, this Court is of the considered view that the land belonging to the petitioner has not been acquired so far, within the mandatory period as required by Sections 37 and 38 of the Tamil Nadu Town and 5/7
Country Planning Act, 1971. Such land shall be deemed to be released from such reservation. The respondents shall release the land of the petitioners, if no such notification is issued so far.
6. The Writ Petition is disposed of with the above direction. There shall be no order as to costs.
Sd/- 06/12/2024 (*)Corrected as per the order of this Court dated 17.02.2025 made in WMP(MD) No.14 & 43 of 2025 in WP(MD) Nos.29387 & 29388 of 2024. Sd/- Assistant Registrar( C.S-II ) // True Copy // /02/2025 Sub Assistant Registrar (CS- I/ II / III / IV) Sm (*)To be substituted order already despatched on 06.02.2025. TO:-
1. The Director, O/o. Town and Country Planning, 2nd, 3rd & 4th Floor, C Market Road, Koyambedu, Chennai - 600 107.
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2. The Joint Director / Member Secretary, Town and Country Planning, Trichy Region, No.11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Trichy, Thiruchirapalli District.
+1 CC to M/s.K.VIRALINATHAN, Advocate ( SR-71411[F] dated 06/12/2024 ) +1 CC to M/s.SPL.GP ( SR-72174[F] dated 09/12/2024 ) Order made in Dated 06.12.2024 BV (05/02/2025) 7P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. KVL (21.02.2025) 7P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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