Madras High Court
Roshan Manawalan vs The Director on 22 October, 2021
W.P(MD)No.17456 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17456 of 2021
Roshan Manawalan ... Petitioner
Vs.
1.The Director,
Director of Town and Country Planning,
E & C Market Road, Koyambedu,
Chennai-600 107.
2.The Joint Director / Member Secretary,
Tiruchirapalli Local Planning Authority,
Kaja Malai Main Road,
Kaja Malai, Tiruchirapalli-620 002. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, by directing the first and
second respondents to release the petitioner's land with an extent of 2 Acres and
10 Cents situated in Town Survey Nos.2635/2 and 2636/2, Block No.53, Ward
No.3, Thimmarayasamuthiram, Sri Rangam Taluk, Tiruchirapalli District
earmarked for the “Tiruchirapalli Bye Pass Road Detailed Development Plan
No.5” by treating the “Tiruchirapalli Bye Pass Road Detailed Development
Plan No.5” as lapsed under Section 38 of the Tamil Nadu Town and Country
Planning Act, 1971.
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W.P(MD)No.17456 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
Town Survey Nos.2635/2 and 2636/2, Block No.53, Ward No.3,
Thimmarayasamuthiram, Sri Rangam Taluk, Tiruchirapalli District under the
Tiruchirapalli Bye Pass Road Detailed Development Plan No.5.
2. The petitioner states that he owns the aforesaid lands. Such
lands were included in the Tiruchirapalli Bye Pass Road Detailed Development
Plan No.5. The petitioner states that if lands are reserved under the
Tiruchirapalli Bye Pass Road Detailed Development Plan No.5 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 Tiruchirapalli Bye Pass Road
Detailed Development Plan No.5 was approved in terms of Section 33(2) of the
Act of 1971 in the year 2002. 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.17456 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.17456 of 2021
7. Consequently, W.P.(MD).No.17456 of 2021 is allowed by
declaring that the reservation in respect of lands bearing Town Survey
Nos.2635/2 and 2636/2, Block No.53, Ward No.3, Thimmarayasamuthiram, Sri
Rangam Taluk, Tiruchirapalli District under the Tiruchirapalli Bye Pass Road
Detailed Development Plan No.5 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.
22.10.2021
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,
Director of Town and Country Planning,
E & C Market Road, Koyambedu,
Chennai-600 107.
2.The Joint Director / Member Secretary,
Tiruchirapalli Local Planning Authority,
Kaja Malai Main Road,
Kaja Malai, Tiruchirapalli-620 002.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17456 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/nsr
W.P(MD)No.17456 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis/
