Madras High Court
Dindigul Nadar Uravinmurai ... vs The Director Of Town And Country ... on 4 April, 2025
W.P.(MD).No.9347 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.9347 of 2025
Dindigul Nadar Uravinmurai S.M.B.Manickam Nadar
Packiathammal National Public School Managing Board,
Represented by its Secretary,
R.Ramadas,
No.35, G.T.N.Salai,
Dindigul – 642 005. ... Petitioner
-vs-
1. The Director of Town and Country Planning,
Directorate of Town and Country Planning,
CMDA Office Complex,
E and C, Market Road,
Srinivasa Nagar, Virugambakkam,
Koyambedu, Chennai.
2. The Member Secretary,
Dindigul Local Planning Authority,
Dindigul. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Declaration to declare the reservation in respect of the land of
the petitioner society comprised in S.Nos.161, 51/3, 51/4, 52/1 and 52/3
Dindigul East Taluk, Kurinji Nagar under the Balakrishnapuram Race Course
Detailed Development Plan Part - II To have lapsed in the light of Section 38
of the Tamil Nadu Town and Country Planning Act 1971.
1/6
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W.P.(MD).No.9347 of 2025
For Petitioner : Mr.S.A.Iniyavan Abdullah
For Respondents : Mr.C.Venkatesh Kumar
Special Government Pleader
ORDER
This writ petition has been filed seeking a Writ of Declaration to
declare the reservation in respect of the land of the petitioner society
comprised in S.Nos.161, 51/3, 51/4, 52/1 and 52/3 Dindigul East Taluk,
Kurinji Nagar under the Balakrishnapuram Race Course Detailed
Development Plan Part - II to have lapsed in the light of Section 38 of the
Tamil Nadu Town and Country Planning Act 1971.
2. Heard the learned counsel on either side and perused the materials
placed before this Court.
3. The learned counsel appearing on behalf of the petitioner contends
that under Section 38 of the Town and Country Planning Act, since the
scheme / Detailed Development Plan has not been put to effect, the said plan
has to be deemed to have lapsed.
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4. The issue in this regard is no longer res integra. A learned Single
Judge of this Court by an order, dated 27.09.2019, in W.P.(MD)No.9118 of
2009 [A.George (died) and another vs The Member Secretary, Thanjavur
Local Planning Authority and others] had examined the issue and had
finally stated as follows.
“12.Likewise, there is no disputation or disagreement that there
is no acquisition of aforesaid land that was reserved in the instant case.
13.Therefore, in the considered view of this Court, it follows as
an indisputable sequitur that the land reserved in the instant case ie.,
case on hand also stands released by operation of Section 38 of
T.N.T.C.P.A Act.
14.The further sequitur is that the impugned order made by the
third respondent has to be set aside.
15.In the light of narrative thus far, instant writ petition is
allowed. There shall be no costs.”
5. It is noted that another learned Single Judge of this Court in W.P.
(MD)Nos.29118-29120 of 2022, [Rahman Beevi vs the Director, Directorate
of Town and Country Planning and another], dealt with Karanthai Detailed
Development Plan Part-VI and by an order, dated 20.01.2023 had stated as
follows:
“2.The petition mentioned land was reserved for road purposes in
the detailed development plan in the year 1988. Section 38 of the Tamil
Nadu Town and Country Planning Act, 1971 is follows:-
“38. Release of land.- If within three years from the date
of the publication of the notice in the Tamil Nadu Government
Gazette under section 26 or section 27- (a) no declaration as
provided in sub-section (2) of section 37 is published in respect of
any land reserved, allotted or designated for any purpose
specified in a regional plan, master plan, detailed development
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plan or new town development plan covered by such notice; or (b)
such land is not acquired by agreement, such land shall be
deemed to be released from such reservation, allotment or
designation.”
3.In this case, within three years from the date of publication of
the detailed development plan, the land was not acquired. Since
consequential steps were not taken, it is declared that the reservation
made in respect of the petition mentioned land is deemed to have
lapsed. It stands released from such reservation in view of the aforesaid
statutory provision. The respondents are directed to make the necessary
changes in the revenue record. 4.These writ petitions are allowed
accordingly. No costs.”
6. The said order also enures the right of the petitioner herein. The
provision of law is very clear on this aspect. If a detailed development plan is
not put in effect within a period of three years from the date of notification, it
has always been held as lapsed.
7. The learned counsel also relied on the judgment of the Hon'ble
Supreme Court in Raju S.Jethmalani and others vs. State of Maharastra
and others reported in (2005) 11 SCC 222, with a specific reference to
paragraph No.3. It had again been reiterated that the Government can prepare
a development plan, but cannot deprive the persons from using the private
property without acquiring the private land.
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8. In view of the fact that there has been no acquisition and only a plan
had been drawn, the plan is deemed to have lapsed under Section 38 of the
Act. The Writ petition stands allowed. No costs.
04.04.2025
NCC : Yes/No
Index : Yes / No
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TO:-
1. The Director of Town and Country Planning,
Directorate of Town and Country Planning,
CMDA Office Complex,
E and C, Market Road,
Srinivasa Nagar, Virugambakkam,
Koyambedu, Chennai.
2. The Member Secretary,
Dindigul Local Planning Authority,
Dindigul.
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VIVEK KUMAR SINGH, J.
sm
Order made in
Dated:
04.04.2025
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