Madras High Court
G.Sakthi Saravanan vs The Director Of Town And Country ... on 26 October, 2021
W.P(MD)No.18899 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.18899 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,
Hakkeem Ajmalkhan 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, by declaring that the
Avaniapuram Detailed Development Plan-1, Map.Nos.4 and 5 published in the
Government Gazette dated 09.11.2011 Part VI-Section 1, for the lands in
S.Nos.196/1A, 196/2A, 196/1B, 196/2B, 197, 202/3A, 202/4A, 202/2, 202/1,
203/1, 203/2, 203/5, 203/6, 203/7, 203/8, 204/1 and 204/3 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. 196/1A, 196/2A, 196/1B, 196/2B,
197, 202/3A, 202/4A, 202/2, 202/1, 203/1, 203/2, 203/5, 203/6, 203/7, 203/8,
https://www.mhc.tn.gov.in/judis/
204/1 and 204/3 in Avaniapuram Village, Madurai District.
1/6
W.P(MD)No.18899 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.Nos.196/1A, 196/2A, 196/1B, 196/2B, 197, 202/3A, 202/4A, 202/2,
202/1, 203/1, 203/2, 203/5, 203/6, 203/7, 203/8, 204/1 and 204/3 at
Avaniapuram Village, Madurai District under the Avaniapuram Detailed
Development Plan-1, Map.Nos.4 and 5 published in the Government Gazette
dated 09.11.2011 Part VI-Section 1.
2. The petitioner states that he owns the aforesaid lands. Such
lands were included in the Avaniapuram Detailed Development Plan-1,
Map.No.4 and 5 published in the Government gazette dated 09.11.2011 Part VI-
Section 1. The petitioner states that if lands are reserved under the
Avaniapuram Detailed Development Plan-1, Map.No.4 and 5 published in the
Government gazette dated 09.11.2011 Part VI-Section 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
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18899 of 2021
thereof. In the case at hand, it is stated that the Avaniapuram Detailed
Development Plan-1, Map.No.4 and 5 published in the Government gazette
dated 09.11.2011 Part VI-Section 1 was approved in terms of Section 29 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 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.
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W.P(MD)No.18899 of 2021
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.18899 of 2021 is allowed by
declaring that the reservation in respect of lands bearing Survey Nos.196/1A,
196/2A, 196/1B, 196/2B, 197, 202/3A, 202/4A, 202/2, 202/1, 203/1, 203/2,
203/5, 203/6, 203/7, 203/8, 204/1 and 204/3 at Avaniapuram Village, Madurai
District under the Avaniapuram Detailed Development Plan-1, Map.No.4 and 5
published in the Government Gazette dated 09.11.2011 Part VI-Section 1 is
deemed to be lapsed in terms of Section 38 of the Tamil Nadu Town and
Country Planning Act, 1971. There will be no order as to costs.
26.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/nsr/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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18899 of 2021
To
1.The Director of Town and Country Planning,
No.807, Anna Salai,
Chennai – 2.
2.The Member Secretary/The Director,
Local Planning Authority,
Hakkeem Ajmalkhan Road,
Chinna Chokkikulam,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18899 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/nsr/lm
W.P(MD)No.18899 of 2021
26.10.2021
https://www.mhc.tn.gov.in/judis/
