Madras High Court
G.Sakthi Saravanan vs The Director Of Town And Country ... on 25 October, 2021
W.P(MD)No.18898 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.18898 of 2021
G.Sakthi Saravanan ... Petitioner
Vs.
1.The Director of Town and Country Planning,
No.807, Anna Salai, Chennai-2.
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 21.04.2011 in MAP.Nos.4 and 5 in so far as
it relates to the land of the petitioner in S.Nos.273/1A, 273/2A, 272/1B and
274/2A 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.Nos.273/1A, 273/2A,
272/1B and 274/2A at Avaniapuram Village, Madurai District.
For Petitioner : Mr.S.Venkatesh
For Respondents : Mr.K.S.Selva Ganesan
https://www.mhc.tn.gov.in/judis/
Counsel for State.
1/5
W.P(MD)No.18898 of 2021
ORDER
The petitioner seeks a declaration for the release of the land bearing
S.Nos.273/1A, 273/2A, 272/1B and 274/2A 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.
3.The petitioner also cites earlier judgments of this Court in this regard.
In particular, the judgment in RM Shanmuganathan Vs. The Director of
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18898 of 2021
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 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.
7.Consequently, W.P.(MD).No.18898 of 2021 is allowed by declaring
that the reservation in respect of lands bearing S.Nos.273/1A, 273/2A, 272/1B
and 274/2A in Avaniapuram Village, Madurai District under the Avaniapuram
https://www.mhc.tn.gov.in/judis/
Detailed Development Plan-3 is deemed to have lapsed in terms of Section 38
W.P(MD)No.18898 of 2021
of the Tamil Nadu Town and Country Planning Act, 1971. There will be no
order as to costs.
25.10.2021
Index : Yes / No
Internet : Yes/ No
sji/sn
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.18898 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
sji/sn
W.P(MD)No.18898 of 2021
25.10.2021
https://www.mhc.tn.gov.in/judis/
