Madras High Court
M.Meena vs The Director Of Town And Country ... on 30 September, 2021
W.P(MD)No.16759 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.16759 of 2021
M.Meena ... Petitioner
Vs.
1.The Director of Town and Country Planning,
2, 3 & 4th Floor, B, CMDA Office Campus,
E & C, Market Road,
Koyambedu,
Chennai – 107.
2.The Member Secretary,
Madurai Local Planning Authority,
4, Hakkeem Ajmal Khan Road,
Chinna Chokkikulam,
Madurai-2. ... 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 reservation
made in respect of the petitioner's land in R.S.No.189/5, Survey No. 48/5C with
an extent 49 cents situated in Siruthur Village, Madurai North Taluk, Madurai
under Siruthur Detailed development plan Part-IV & V is deemed to be lapsed
and released from the reservation in the light of Section 38 of the Tamil Nadu
Town and Country Planning Act, 1971 (TN ACT 1974).
For Petitioner : Mr.P.Gunasekaran
https://www.mhc.tn.gov.in/judis/
For Respondents : Mr.P.Subbaraj,
Counsel for State.
1/5
W.P(MD)No.16759 of 2021
ORDER
The petitioner seeks a declaration for the release of the land
bearing R.S.No.189/5, Survey No. 48/5C of an extent of 49 cents in Siruthur
Village, Madurai North Taluk, Madurai under Siruthur Detailed Development
Plan Part-IV & V.
2. The petitioner states that she owns the aforesaid lands. Such
lands were included in the Siruthur Detailed Development Plan Part IV and V
Scheme, which was published in the year 1997 and approved by the first
respondent in the year 1997. The petitioner states that if lands are reserved
under a Detailed Development Plan such lands would be deemed to be released
in terms of Section 38(b) 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 Detailed Development Plan Part IV and V Scheme was approved
in terms of Section 37 of the Act of 1971 in the year 1997. 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.16759 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. Learned counsel
points out that the said judgment pertains to the same Siruthur Village, in
respect of which the present writ petition is filed. Another judgment in
M.Amsavalli Vs. The Director of Town and Country Planning 2017 (2) CWC
418 is also cited. Once again, it is pointed out that the said judgment relates to
the Siruthur Village.
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 inasmuch as the Detailed
Development Plan Part IV and V Scheme in the instant case was also the
subject matter in 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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.16759 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.16759 of 2021 is allowed by
declaring that the reservation in respect of lands bearing R.S.No.189/5, Survey
No. 48/5C of an extent of 49 cents in Siruthur Village, Madurai North Taluk,
Madurai 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.
30.09.2021
Index : Yes / No
Internet : Yes/ No
tsg/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.To
1.The Director of Town and Country Planning,
2, 3 & 4th Floor, B, CMDA Office Campus,
E & C, Market Road,
Koyambedu,
Chennai – 107.
2.The Member Secretary,
Madurai Local Planning Authority,
4, Hakkeem Ajmal Khan Road,
Chinna Chokkikulam,
https://www.mhc.tn.gov.in/judis/
Madurai-2.
W.P(MD)No.16759 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/LM
W.P(MD)No.16759 of 2021
30.09.2021
https://www.mhc.tn.gov.in/judis/
