Madras High Court
Jesima Kalifulla vs The Director on 1 November, 2021
W.P.(MD)Nos.19672 to 19674 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.11.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)Nos.19672 to 19674 of 2021
1. Jesima Kalifulla ... Petitioner in W.P(MD).No.19672 of 2021
2. S.H.Rafiq ... Petitioner in W.P(MD).No.19673 of 2021
3. G.Suresh ... Petitioner in W.P(MD).No.19674 of 2021
Vs.
1. The Director,
Town and Country Planning,
No.807, Annasalai,
Chennai - 600 002.
2. The Member Secretary,
District Town and Country Planning Office,
Plot No.5, Second street, Ganapathi Nagar,
Medical College Road,
Thanjavur - 613 007. ... Respondents
(in all Writ Petitions)
Prayer in W.P(MD).No.19672 of 2021: Writ petition filed under Article
226 of the Constitution of India, to issue a Writ of Mandamus, directing
the respondents 1 and 2 to release the petitioner's land with an extent of
2437 1/2 sq.ft in Old Survey No.2851/55-A2 and New Survey No.46/3
situated at Nanjilkottai Village, Thanjavur District earmarked for the
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W.P.(MD)Nos.19672 to 19674 of 2021
"Trichy-Nagapattinam Bypass Road Detailed Development Plan No.1" as
lapsed under Section 38 of the Tamil Nadu Town and Country Planning
Act, 1971.
Prayer in W.P(MD).No.19673 of 2021: Writ petition filed under Article
226 of the Constitution of India, to issue a Writ of Mandamus, directing
the respondents 1 and 2 to release the petitioner's land with an extent of
2512 1/2 sq.ft in Old Survey No.2851/55 and New Survey No.46/3
situated at Nanjilkottai Village, Thanjavur District earmarked for the
"Trichy-Nagapattinam Bypass Road Detailed Development Plan No.1" as
lapsed under Section 38 of the Tamil Nadu Town and Country Planning
Act, 1971.
Prayer in W.P(MD).No.19674 of 2021: Writ petition filed under Article
226 of the Constitution of India, to issue a Writ of Mandamus, directing
the respondents 1 and 2 to release the petitioner's land with an extent of
5250 sq.ft in Old Survey No.2851/55 and New Survey No.46/3 & 46/2
situated at Nanjilkottai Village, Thanjavur District earmarked for the
"Trichy-Nagapattinam Bypass Road Detailed Development Plan No.1" as
lapsed under Section 38 of the Tamil Nadu Town and Country Planning
Act, 1971.
For Petitioners : Mr.R.Karunanidhi
For Respondents : Mr.K.S.Selva Ganesan,
Counsel for the State
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W.P.(MD)Nos.19672 to 19674 of 2021
COMMON ORDER
The petitioners seek a direction for the release of their respective
lands in old Survey Nos.2851/55-A2 , 2851/55 and new Survey No.46/3
& 46/2 situated at Nanjilkottai Village, Thanjavur District earmarked for
the "Trichy-Nagapattinam Bypass Road Detailed Development Plan No.
1" as lapsed under Section 38 of the Tamil Nadu Town and Country
Planning Act, 1971.
2. The petitioners state that they have own the aforesaid lands.
Such lands were included in the Trichy-Nagapattinam Bypass Road
Detailed Development Plan No.1. The petitioners state that if lands are
reserved under the Trichy-Nagapattinam Bypass Road Detailed
Development Plan No.1 such lands would be deemed to be released in
terms of Section 38 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 Trichy-Nagapattinam Bypass Road
Detailed Development Plan No.1 was approved in terms of Section 29 of
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W.P.(MD)Nos.19672 to 19674 of 2021
the Act of 1971 in the year 1998. 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.
3. The petitioners also relied upon an 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. Another judgment in M.Amsavalli Vs. The
Director of Town and Country Planning 2017 (2) CWC 418 is also
cited.
4. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts
notice on behalf of both the respondents. He submits that the writ
petitioners are entitled to the benefit of 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
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W.P.(MD)Nos.19672 to 19674 of 2021
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.
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 petitioners are entitled to succeed.
7. Consequently, W.P.(MD).Nos.19672 to 19674 of 2021 are
allowed by declaring that the reservation in respect of lands bearing old
Survey Nos.2851/55-A2 , 2851/55 and new Survey No.46/3 & 46/2
situated at Nanjilkottai Village, Thanjavur District earmarked for the
"Trichy-Nagapattinam Bypass Road Detailed Development Plan No.1" is
deemed to have lapsed in terms of Section 38 of the Tamil Nadu Town
and Country Planning Act, 1971. There will be no order as to costs.
01.11.2021
Index : Yes/No
Internet : Yes/No
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W.P.(MD)Nos.19672 to 19674 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
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To
1. The Director,
Town and Country Planning,
No.807, Annasalai,
Chennai - 600 002.
2. The Member Secretary,
District Town and Country Planning Office,
Plot No.5, Second street, Ganapathi Nagar,
Medical College Road,
Thanjavur - 613 007.
W.P.(MD)Nos.19672 to 19674 of 2021
01.11.2021
https://www.mhc.tn.gov.in/judis/
