Madras High Court
Mr.J.Ragunathan vs The Director Of Town And Country ... on 24 August, 2021
W.P(MD)No.14482 of 2021
+3BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.14482 of 2021
Mr.J.Ragunathan ... Petitioner
Vs.
1. The Director of Town and Country Planning,
No.807, Anna Salai,
Chennai-18.
2.The Member Secretary,
Madurai Local Planning Authority,
4, Hakkeem Ajmal Khan Road,
Chinna Chokkikulam,
Madurai-2 ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
approve the residential layout plan submitted by the petitioner in respect of the
property in Survey No.50/1 situated in Siruthur Village, Madurai North Taluk,
Madurai District by treating the reservation of a portion of land for the purpose
of detailed development plan part IV and V scheme as lapsed in view of section
38 of the Tamilnadu Town and Country planning Act 1971 (TN ACT 1974)
within a time frame.
For Petitioner : Mr.P.Gunasekaran
For Respondents : Mr.R.Baskaran
Counsel for State.
https://www.mhc.tn.gov.in/judis/
1/6
W.P(MD)No.14482 of 2021
ORDER
The petitioner seeks a declaration for the release of the land
bearing Survey No.50/1 in Siruthur Village, Madurai North Taluk, Madurai,
from the Siruthur Detailed Development Plan Part IV and V Scheme.
2. The petitioner states that it is a company engaged in the business
of infrastructure development and construction of houses. It owns the aforesaid
lands. Such lands were included in the Siruthur Detailed Development Plan
Part IV and V Scheme, which was published in the year 1999 and approved by
the first respondent in the year 1999. The petitioner states that if lands are
reserved under a detailed development plan such lands would be deemed to be
released in terms of Section 38(b) of the Tamil Nadu Town and Country
Planning Act 1971 (the Act of 1971) unless such lands are acquired in terms of
an agreement within a period of three years from the date of publication of a
notice in the Tamil Nadu Gazette under Section 26 or 27 thereof. In the case at
hand, it is stated that the Detailed Development Plan Part IV and V Scheme was
approved in terms of Section 29 of the Act of 1971 in the year 1999. As such, in
view of the failure of the respondents to initiate necessary action to acquire the
land within a period of three years, it is stated that the lands are deemed to be
released in terms of Section 38.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.14482 of 2021
3. The petitioner also cites earlier judgments of this Court in this
regard, In particular, the judgment in RM Shanmuganathan Vs. The Director
of Town and Country Planning 2018 (2) CWC 20 is cited. Learned counsel
points out that the said judgment pertains to the same Siruthur Village, in
respect of which the present writ petition is filed. Another judgment in
M.Amsavalli Vs. The Director of Town and Country Planning 2017 (2) CWC
418 is also cited. Once again, it is pointed out that the said judgment relates to
the Siruthur Village.
4. Mr.R.Baskaran, learned counsel for the State, accepts notice on
behalf of both the respondents. He submits that the writ petitioner is entitled to
the benefit of the earlier orders of this Court in as much as the Detailed
Development Plan Part IV and V Scheme in the instant case was also the
subject matter in the earlier orders of this Court.
5. Upon considering the aforesaid submissions and on examining
Section 38 of the Tamil Nadu Town and Country Planning Act 1971, it is clear
that if the land is not acquired by agreement within three years from the date of
publication of notice in the Tamil Nadu Government Gazette under Section 26
or 27 thereof, such lands shall be deemed to be released.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.14482 of 2021
6. In view of the aforesaid statutory prescription and taking into
account the earlier judgments of this Court, reported in 2018 (2) CWC 20 and
2017 (2) CWC 418, the writ petitioner is entitled to succeed.
7. Consequently, W.P.(MD).No.14482 of 2021 is allowed by
declaring that the reservation in respect of lands bearing Survey No.50/1 in
Siruthur Village, Madurai North Taluk, Madurai is deemed to have lapsed in
terms of Section 38 of the Tamil Nadu Town and Country Planning Act 1971.
As a consequence, the second respondent is directed to consider the petitioner's
application for the grant of planning permission in accordance with law. There
will be no order as to costs.
24.08.2021
Index : Yes / No
Internet : Yes/ No
tsg
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.14482 of 2021
To
1. The Director of Town and Country Planning,
No.807, Anna Salai,
Chennai-18.
2.The Member Secretary,
Madurai Local Planning Authority,
4, Hakkeem Ajmal Khan Road,
Chinna Chokkikulam,
Madurai-2
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.14482 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg
W.P(MD)No.14882 of 2021
24.08.2021
https://www.mhc.tn.gov.in/judis/
