Madras High Court
J.Balaji vs The Director on 29 January, 2021
W.P(MD)No.19451 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.01.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.19451 of 2020
and
W.M.P.(MD)Nos.16226 and 16228 of 2020
J.Balaji ... Petitioner
Vs.
1.The Director,
The Directorate of Town & Country Planning,
807, Anna Salai, Chennai – 600 002.
2.The Kumbakonam Local Planning Authority,
Represented by its Member Secretary,
Presently functioning at District Town Planning Office,
A2-Arulanantha Nagar, 7th Street,
Thanjavur – 613 007.
3.The Kumbakonam Municipality,
Kumbakonam,
Represented by its Commissioner. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records of the impugned proceedings of the 1st respondent
Na.Ka.14336/2019/TCP2 dated 06.01.2010 and the 2nd respondent in the
proceedings by way of Resolution No.16 dated 27.06.2019 and quash the same
as illegal, incompetent and without jurisdiction and consequentially direct the
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W.P(MD)No.19451 of 2020
respondents to release the petitioner's land in T.S.No.93/2, Ward No.1,
Dr.Murthy Road, Kumbakonam Town from the reservation for scheme road
'C6-C6' 50 feet wide scheme road and AA 40 feet in the Master Plan notified as
per G.O.No.2416 RDLA dated 16.11.1972.
For Petitioner : Mr.Lakshmi Shankar.H
For Respondents : Mrs.S.Srimathy,
Special Govt. Pleader for R1 & R2
Mr.M.Rajarajan,
Additional Government Pleader for R3
ORDER
Heard the learned counsel on either side.
2.The petitioner's counsel states that the petition mentioned property was
shown in the development plan published in the year 1972 as one earmarked for
road purposes. But then, consequential acquisition proceedings have not been
taken. Therefore, according to the petitioner's counsel, Section 38 of Tamil
Nadu Town and Country Act, 1971, will kick in. He would also point out that
in a case of nearby property, an order was passed on 09.10.2020 in
W.P.(MD)No.8852 of 2020.
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W.P(MD)No.19451 of 2020
3.Section 38 of Tamil Nadu Town and Country Planning Act, 1971 reads
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.
4.Section 38 of the Tamil Nadu Town and Country Planning Act 1971,
has been considered by various Benches of this Court which includes the
following:
(1)The Director, Town and Country Planning, Chennai and another vs
M.Dasarathan and another, in W.A(MD)No.754 of 2019.
(2)The Director, Town and Country Planning, Chennai and another vs
P.Babu, in W.A(MD)No.447 of 2020.
(3)A.Bhaskaran vs The Director of Town and Country Planning, Chennai
and others, in W.P.(MD)No.13645 of 2017 (passed by me)
5.In all the aforementioned judgments, it has been consistently held that
if the lands are not acquired within a period of three years from the date of
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W.P(MD)No.19451 of 2020
publication of notice in the Government Gazette regarding preparation of
regional plan or master plan or detailed development plan, etc, as the case may
be, the lands shall deem to be released from the reservation.
6.In the case on hand the publication was effected way back on
16.11.1972. Admittedly the subject lands have not been acquired within a
period of three years from the date of publication. In view of the same, as per
Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and also
as per the judgments referred to supra, the lands shall be deemed to be released
from reservation. The averments set out in the affidavit have not controverted.
7.For the forgoing reasons, I direct the respondents to release the
petitioner's petition mentioned land by treating the same as having lapsed under
Section 38 of Tamil Nadu Town and Country Planning Act. The writ petition is
allowed accordingly. No costs. Consequently, connected miscellaneous
petitions are closed.
29.01.2021
Index : Yes / No
Internet : Yes/ No
ias
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W.P(MD)No.19451 of 2020
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.
To:
1.The Director,
The Directorate of Town & Country Planning,
807, Anna Salai, Chennai – 600 002.
2.The Kumbakonam Local Planning Authority,
Represented by its Member Secretary,
Presently functioning at District Town Planning Office,
A2-Arulanantha Nagar, 7th Street,
Thanjavur – 613 007.
3.The Kumbakonam Municipality,
Kumbakonam,
Represented by its Commissioner.
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W.P(MD)No.19451 of 2020
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.19451 of 2020
29.01.2021
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