Madras High Court
Shanthi vs The Director on 6 October, 2021
W.P(MD)No.17868 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17868 of 2021
Shanthi ... Petitioner
Vs.
1.The Director,
Town and Country Planning,
No.807, Annasalai,
Chennai-600 002.
2.The Member Secretary,
Thanjavur Local Planning Authority,
No.5, Ganapathi Nagar 2nd Street,
Medical College Road,
Thanjavur-613 001. ... 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 1
and 2 to release the petitioner's land with an extent of 4409 Square Feet in
Re-survey Number.56/3C-1 (Old Survey No.56/3C) situated at Ullur Village,
Kumbakonam Taluk, Thanjavur District, earmarked for the “Ullur Detailed
Development Plan No.2” by treating the “Ullur Detailed Development Plan
No.2” as lapsed under Section 38 of the Tamil Nadu Town and Country
Planning Act, 1971
https://www.mhc.tn.gov.in/judis/
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W.P(MD)No.17868 of 2021
For Petitioner : Mr.R.Karunanidhi
For Respondents : Mr.P.Subbaraj,
Counsel for State.
ORDER
The petitioner seeks a direction for the release of the land bearing
Re-survey Number.56/3C-1 (Old Survey No.56/3C) at Ullur Village,
Kumbakonam Taluk, Thanjavur District, from reservation under the Ullur
Detailed Development Plan No.2.
2. The petitioner states that she owns the aforesaid lands. Such
lands were included in the Ullur Detailed Development Plan No.2. The
petitioner states that if lands are reserved under the Ullur Detailed Development
Plan No.2 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 Ullur Detailed
Development Plan No.2 was approved in terms of Section 29 of the Act of 1971
in the year 2007. 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.17868 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. Another judgment
in M.Amsavalli Vs. The Director of Town and Country Planning 2017 (2)
CWC 418 is also cited.
4. Mr.P.Subbaraj, 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.
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.
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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17868 of 2021
7. Consequently, W.P.(MD).No.17868 of 2021 is allowed by
declaring that the reservation in respect of lands bearing Re-survey Number.
56/3C-1 (Old Survey No.56/3C) at Ullur Village, Kumbakonam Taluk,
Thanjavur District under the Ullur Detailed Development Plan No.2 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.
06.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/LM
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 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/
SENTHILKUMAR RAMAMOORTHY, J.
W.P(MD)No.17868 of 2021
tsg/LM
W.P(MD)No.17868 of 2021
06.10.2021
https://www.mhc.tn.gov.in/judis/
