M/S.Confiance Business Solution vs The Director Of Town & Country ...
2021 Latest Caselaw 20031 Mad

                                                                            W.P.No.19099/2021

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                              DATED: 30.09.2021
                                                   CORAM:
                           THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
                                       W.P. Nos.19099 and 20932 of 2021

                     M/s.Confiance Business Solution
                     Rep. by its Partner
                     Chandramouli                                    .. Petitioner in
                                                                     W.P.No.19099/2021

                     M/s.Bharat Electronics and Appliances,
                     Rep. by its Partner Raja Ravichandran           .. Petitioner in
                                                                     W.P.No.20932/2021

                                                       Vs

                     1.The Director of Town & Country Planning,
                       Office of the Directorate of Town and Country Planning,
                       Second, Third and Fourth Floor,
                       E&C Market Road,
                       Koyambedu, Chennai 600 107.

                     2.The Member Secretary
                       Coimbatore Local Planning Authority,
                       Corporation Shopping Complex,
                       Nanjappa Road,
                       Coimbatore 18.

                     3.The Coimbatore Municipal Corporation
                       Rep. by its commissioner
                       Corporation Office,
                       Coimbatore641 001                             ..Respondents in

both W.Ps.

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

Prayer in W.P.No.19099: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration to declare the reservation made in respect of the petitioner's land in Survey No.116/1A1A2, Kavundampalayam Village, Coimbatore North Taluk, Coimbatore under the Koundampalayam detailed development plan No.12 of 1998 to have lapsed in light of Sec.38 of the Tamil Nadu Town and Country Planning Act, 1971 (TN Act 35 of 1974) and consequently direct the local body the 3rd respondent to entertain and grant approval for any development in such land.

Prayer in W.P.No.20932: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration to declare the reservation made in respect of the petitioner's land in Survey No.178/2C1B, Saravanapatti Village, Coimbatore North Taluk, Coimbatore under the Saravanapatti detailed development plan No.7 of 1998 to have lapsed in light of Sec.38 of the Tamil Nadu Town and Country Planning Act, 1971 (TN Act 35 of 1974) and the decision of this Court in Kannabiran v. The Director of Town and Country Planning, W.P.(MD) No.8515 of 2021 dated 25.06.2021 and consequently direct the local body the 3rd respondent to entertain and grant approval for any development in such land.

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

For Petitioner : Mr.Mahaboob Athiff For Respondents : Mr.A.Selvendran for R1 & R2 Government Advocate Mr.S.Saravanan for R3 standing counsel

COMMON ORDER

The issue involved in both the writ petitions are common and

hence, they are taken up together, heard and disposed of through this

common order.

2. The petitioners have approached this Court seeking for the

issue of a writ of declaration to declare the reservation that was made

with respect to the property belonging to the petitioners under the

Koundampalayam detailed development plan and Saravanapatti detailed

development plan to have lapsed in the light of Section 38 of the Tamil

Nadu Town and Country Planning Act, 1971 (hereinafter referred to as

'the Act') and for a consequential direction to the respondent Corporation

to grant approval for making development in the property.

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

3. Heard the learned counsel for the petitioners, learned

Government Advocate appearing on behalf of the respondents 1 and 2

and the learned standing counsel for the third respondent.

4. The case of the petitioner in W.P.No.19099 of 2021 is that

the third respondent had prepared a detailed development plan under

Section 27 of the Act in the year 1993 and it was approved under Section

29 of the Act. The Koundampalayam detailed development plan was also

published by the second respondent. Thereafter further steps were not

taken and the acquisition did not happen as contemplated under the Act.

The case of the petitioner is that the development plan itself has lapsed

by virtue of not being completed within three years from the date of the

publication of the detailed development plan under Section 27 of the Act.

5. Insofar as the petitioner in W.P.No.20932 of 2021, the notice

for preparation of the Saravanapatti detailed development plan was made

in the year 1993 and it was also approved under Section 29 of the Act.

The development plan was also published under Section 27 of the Act.

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

Thereafter further steps were not taken and the acquisition did not happen

as contemplated under the Act. The case of the petitioner is that the

development plan itself has lapsed by virtue of not being completed

within three years from the date of the publication of the detailed

development plan under Section 27 of the Act.

6. The issue involved in both these writ petitions is covered by

the earlier order passed by this Court in W.P.(MD) No.8515 of 2021. This

Court disposed of the said writ petition by an order dated 25.06.2021 and

the relevant portions in the order are extracted hereunder:

“4. The main issue that has been urged before this Court is that the detailed development plan has lapsed under Section 38 of the Act, since the land has not been acquired within a period of three years from the date of publication of the notice under the Tamilnadu Gazette.

5. It is not necessary for this Court to consider the entire scheme of the Act, since for the very same Kochadai detailed development scheme, a Division Bench of this Court in W.A.(MD) No.485/2020 has held that the scheme had lapsed by

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

virtue of Section 38 of the Act. The relevant portions in the judgment are extracted hereunder:

“11.As rightly pointed out by the learned counsel appearing for the respondents/writ petitioners that the counter affidavit proceeds on the merits of the claim and in no way deal with deemed lapse and in the considered opinion of this Court, the learned Judge, on correct appreciation of facts and by applying the legal position as enumerated in the above said judgment, allowed the writ petition. This Court, on going through the reasons assigned in the impugned order, is of the considered view that there is no infirmity or error apparent on the face of the record for the reason assigned by the learned Single Judge for allowing the writ petition and finds that the writ appeal lacks merits.

12.It is also brought to the knowledge of this Court that the writ appeal filed by the official respondents in WA(MD) No.340 of 2020, against the order dated 27.02.2017 in W.P. (MD) No.14456 of 2014 was also dismissed on 02.03.2020.”

6. This Court has consistently held that if the land has not been acquired within a period of three years from the date of publishing the detailed development plan in the Gazette, the concerned lands shall be deemed to be released from such reservation. It will be beneficial to provide the details of the cases, wherein this Court had reached such a conclusion:

1.M.Amsavalli v. Director of Town and Country Planning reported in (2017) 2 CWC 418.

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

2. RM.Shanmuganathan v. Director of Town and Country Planning reported in (2018) 2 CWC 20;

3. W.P.(MD) No.5652 of 2019 (LKS Mohammed Meera Mohaideen v. Director of Town and Country planning ;

4.W.A(MD) No.485 of 2020 (The Director of Town and Country Planning and another v. Muthu and others) and

5. W.P.(MD) No.166 of 2021 (Nagendran v. The Director of Town and Country Planning).

7. In the present case, the detailed development plan was notified under Section 31 of the Act in the year 2006. However, the respondents failed to take any steps to acquire the land and therefore, by operation of Section 38, the scheme lapsed.

8. In the result, the property belonging to the petitioner has to be released from the Kochadai detailed development plan scheme, since it has lapsed under Section 38 of the Act. Accordingly, this writ petition is allowed. No costs.”

7. When the above order was passed, this Court took into

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

consideration the earlier orders passed in matters arising out of the very

same issue. The above order will squarely apply to the facts of the present

cases also. In view of the above, it is declared that the reservation made

for the Koundampalayam detailed development plan and Saravanapatti

detailed development plan with respect of the properties belonging to the

petitioners has lapsed in the light of Section 38 of the Act and the same

shall be released from the development plan scheme. Insofar as the

consequential reliefs sought for by the petitioners, it is left open to the

petitioners to make necessary application by producing all the relevant

materials and the same shall be independently considered by the third

respondent and a decision shall be taken in accordance with law.

8. In the result, the writ petitions are allowed. No costs.

                                                                                           30.09.2021
                     Index    : Yes/No
                     Internet : Yes
                     Speaking Order/Non-speaking Order

                     RR

                     To

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

1.The Director of Town & Country Planning, Office of the Directorate of Town and Country Planning, Second, Third and Fourth Floor, E&C Market Road, Koyambedu, Chennai 600 107.

2.The Member Secretary Coimbatore Local Planning Authority, Corporation Shopping Complex, Nanjappa Road, Coimbatore 18.

3.The Coimbatore Municipal Corporation Rep. by its commissioner Corporation Office, Coimbatore641 001

https://www.mhc.tn.gov.in/judis/ W.P.No.19099/2021

N.ANAND VENKATESH, J.

RR

W.P.Nos.19099 and 20932 of 2021

30.09.2021

https://www.mhc.tn.gov.in/judis/