Madras High Court
The Commissioner vs T.R.Murugesan on 4 October, 2023
W.A.No.2696 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2696 of 2023
The Commissioner
Thiruvallur Municipality
J.N.Road SH-57
Thiruvallur – 602 001. .. Appellant
Vs.
1. T.R.Murugesan
2. V.Ramabhadra Raju
3. The Director
Tamil Nadu Town and Country Planning
2nd, 3rd and 4th Floor, C & E Market Road
Koyambedu, Chennai – 600 107.
4. The District Collector
Thiruvallur District, Chinna Ekkadu
Jaya Nagar, Thiruvallur – 602 001.
5. The Assistant Director
Directorate of Town & Country Planning
Thiruvallur – 602 001. .. Respondents
Page 1 of 6
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W.A.No.2696 of 2023
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 03.02.2023 in W.P.No.33802 of 2022
For the Appellant : Mr.P.Srinivas
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.P.Srinivas, learned counsel for the appellant.
2. The appellant assails the order passed by the learned
Single Judge of this Court dated 03.02.2023 in W.P.No.33802 of
2022.
3. Under the impugned order, the learned Single Judge has
taken note of the fact that as the land has not been acquired within
a period of three years, in view of Section 38 of the Tamil Nadu
Town and Country Planning Act, 1971 (for brevity, hereinafter
referred to as “the Act of 1971”), the remaining area, other than
the layout already developed, shall be released from the
development plan. Learned Single Judge has also made it clear that
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W.A.No.2696 of 2023
if in future, the Government intend to acquire the land for any other
purpose, the impugned order herein would not be a bar for the
Government to acquire the land as per the provisions of the Land
Acquisition Act.
4. Learned counsel for the appellant submits that there were
many disputed question of facts and litigations were pending, as
such, acquisition could not take place. The subject property was
used as a road. Learned counsel for the appellant further submits
that because of financial stringency, the Corporation could not
acquire the land and initiate the process of acquisition.
5. Section 38 of the Act of 1971 is a fetter on the power of
eminent domain. Because of the Act of 1971, a rightful owner can
not use the land reserved for a particular purpose in the
development plan. Section 38 of the Act of 1971 operates as a
fetter on the power of the Government to keep the subject land
under reservation in perpetuity .
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W.A.No.2696 of 2023
6. Earlier also, respondents 1 and 2 had filed a writ petition
bearing W.P.No.4329 of 2018, where the learned Single Judge of
this Court disposed of the said writ petition under order dated
12.04.2022. The learned Single Judge in the said writ petition asked
the petitioners therein to file a fresh application for acquisition of
the subject land.
7. The land was reserved in the year 1969. The owners are
deprived of the use and enjoyment of the said land since 1969. The
learned Single Judge has not committed any error while passing the
impugned order.
8. The writ appeal is devoid of merits, as such, stands
dismissed. There will be no order as to costs. Consequently,
C.M.P.No.22631 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.)
04.10.2023
Index : Yes/No
Neutral Citation : Yes/No
drm
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W.A.No.2696 of 2023
To
1. The Director
Tamil Nadu Town and Country Planning
2nd, 3rd and 4th Floor, C & E Market Road
Koyambedu, Chennai – 600 107.
2. The District Collector
Thiruvallur District, Chinna Ekkadu
Jaya Nagar, Thiruvallur – 602 001.
3. The Assistant Director
Directorate of Town & Country Planning
Thiruvallur – 602 001.
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W.A.No.2696 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.A.No.2696 of 2023
04.10.2023
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