Madras High Court
G.Sakthi Saravanan vs The Director Of Town And Country ... on 7 October, 2021
W.P(MD)No.17993 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17993 of 2021
G.Sakthi Saravanan ... Petitioner
Vs.
1.The Director of Town and Country Planning,
No.807, Annasalai,
Chennai-600 002.
2.The Member Secretary/Director,
Local Planning Authority,
Hakeem Ajmal Khan Road,
Chinna Chokkikulam,
Madurai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Declaration, declaring that the
Avaniapuram Detailed Development Plan-3 as approved by the first respondent
in Roc.No.29194/2020 DP2 dated 21.04.2021 in MAP.Nos.4 and 5 in so far as
the it relates to the land of the petitioner in S.No.273/3A1 to an extent of 1 Acre
6 Cents at Avaniapuram Village, Madurai District as lapsed as per Section 38 of
the Tamil Nadu Town and Country Planning Act, 1971 and consequently direct
the respondents to release the lands of the petitioner in S.No.273/3A1 to an
extent of 1 Acre and 6 Cents in Avaniapuram Village, Madurai District.
https://www.mhc.tn.gov.in/judis/
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W.P(MD)No.17993 of 2021
For Petitioner : Mr.S.Venkatesh
For Respondents : Mr.P.Subbaraj,
Counsel for State.
ORDER
The petitioner seeks a declaration for the release of the land
bearing S.No.273/3A1 of an extent of 1 Acre and 6 Cents at Avaniapuram
Village, Madurai District from reservation under the Avaniapuram Detailed
Development Plan-3.
2. The petitioner states that he owns the aforesaid lands. Such
lands were included in the Avaniapuram Detailed Development Plan-3. The
petitioner states that if lands are reserved under the Avaniapuram Detailed
Development Plan-3 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
Avaniapuram Detailed Development Plan-3 was approved in terms of Section
33 of the Act of 1971 in the year 2011. 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.17993 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.17993 of 2021
7. Consequently, W.P.(MD).No.17993 of 2021 is allowed by
declaring that the reservation in respect of lands bearing S.No.273/3A1 of an
extent of 1 Acre and 6 Cents in Avaniapuram Village, Madurai District under
the Avaniapuram Detailed Development Plan-3 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.
07.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/nsr
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, Annasalai,
Chennai-600 002.
2.The Member Secretary/Director,
Local Planning Authority,
Hakeem Ajmal Khan Road,
Chinna Chokkikulam,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17993 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/nsr
W.P(MD)No.17993 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
