Madras High Court
N.M.Pakeermydhin vs The Director Of Town And Country ... on 14 March, 2025
W.P.(MD).No.6068 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.6068 of 2025
N.M.Pakeermydhin ... Petitioner
-vs-
1. The Director of Town and Country Planning,
Directorate of Town and Country Planning,
CMDA Office Complex, E & C Market Road,
Srinivasa Nagar, Virrugambakkam,
Koyambedu, Chennai.
2. The Assistant Director / Member Secretary,
Dindigul District Town and Country Planning Office,
No.14, Vivekananda Nagar,
Dindigul District. ... 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 lands
of the petitioner situated in S.Nos. 186/8B Adiyanoothu Village, Dindigul
District under the Adiyanoothu Detailed Development Plan No. 3 to be lapsed
in the light of Section 38 of the Tamil Nadu Town and Country Planning Act
1971 within a time stipulated by this Court.
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1/8
W.P.(MD).No.6068 of 2025
For Petitioner : Mr.H.Mohammed Imran
For Respondents : Mr.K.S.Selvaganesan
Additional Government Pleader
ORDER
In view of the consent expressed by the learned counsel for the parties,
this writ petition is taken up for final disposal at the stage of admission itself.
2. The petitioner's case is that he purchased the property in Survey No.
186/8B, measuring to an extent of 0.37.00 hectares situated at Adiyanoothu
Village, Dindigul District, vide registered sale deed dated 06.01.2025 and
patta was also mutated in his name and he has been in absolute possession
and enjoyment of the property. In 2005, the petitioner was informed that the
lands belonging to the petitioner are reserved under Section 29 of the Tamil
Nadu Town and Country Planning Act, for road forming part of Ahiyanoothu
Detailed Development Plan (Plan No.3) by the first respondent. However, the
land has not been acquired by the respondents under the said plan sofar.
Aggrieved by the same, the petitioner has come forward with the present writ
petition.
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3. When the matter was taken up for hearing today, the learned counsel
on both sides, submitted that the issue involved in this writ petition is
squarely covered by the order of this Court dated 19.09.2018, passed in W.P.
(MD) Nos.16353 and 16359 of 2018. The relevant portion of the order is
extracted hereunder:
“7. In order to avoid repetition of the aforesaid
decision, this Court thinks it fit to refer the operative portion
of the order, namely, Paragraph Nos.7 to 13, which are
extracted hereunder:
“7.Heard both sides and perused the materials
available on record.
8.Sections 37 and 38 of the Tamil Nadu Town and
Country Planning Act, 1971 read as follows:-
“37.Power to purchase or acquire lands specified in the
development plan.- (1) Where after the publication of the
notice in the Tamil Nadu Government Gazette of preparation
of a regional plan, master plan, detailed development plan or
a new town development plan, as the case may be, any land is
required, reserved or designated in such plan, the appropriate
planning authority may, either enter into agreement with any
person for the acquisition from him by purchase of any land
which may be acquired under section 36 or make an
application to the Government for acquiring such land under
the Land Acquisition Act, 1894 (Central Act I of 1984):
Provided that if the value of such land exceeds fifty
thousand rupees the appropriate planning authority shall not
enter into such agreement without the previous approval of the
Government.
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 plan or new town
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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.?
9.A plain reading of sections 37 and 38 of the Tamil Nadu
Town and Country Planning Act, 1971 (herein-after called as
Act) would reveal that after publication of the notice in the
Tamil Nadu Government Gazette of preparation of a regional
plan, master plan, detailed development plan or a new town
development plan, any land is required, reserved or
designated in such plan, acquisition of the land shall be made
either under section 36 of the Act or following the procedures
under Land Acquisition Act. If the acquisition proceedings are
not completed within three years from the date of such notice,
the entire proceedings would lapse.
10.In 2008(2) MLJ 184 [K.S.Kamakshi Chetty and others
vs. Commissioner, Aruppukottai Municipality, Aruppukottai
and another], this court has held that as follows:-
“9.On the facts and circumstances of the present case,
the petitioners have clearly stated in the affidavit that even
under the old Act VII of 1920, no steps were taken for the
purpose of completing the acquisition within
three years and the same has not been denied in the counter
affidavit filed by the first respondent. Even assuming that the
said Scheme has been taken over under the Act 35 of 1972,
even from the date of coming into effect of the Act within the
period stipulated under Section 38, no steps have been taken
by the respondents for acquiring the property for the purpose
of “open space” stated to have been reserved under the
North-East Extension Town Planning Scheme Part II,
Aruppukottai, sanctioned under G.O.Ms.No.474 LA, dated
2.3.1969.
10.This has been the consistent view taken by this Court
in various cases also. In W.P.No.5630 of 2000
(SV.P.N.S.S.Sivaramalingam v. Commissioner, Virudhunagar
Municipality and Another) K.P.SIVASUBRAMANIAM,J, by
order, dated 20.2.2001, while dealing with detailed
development plan under Act 35 of 1972 has held that after
publishing the said plan on 23.5.1984, the property ear-
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marked for the purpose has not been utilized in terms of
Notification and no steps have been taken by the authority to
acquire the property and therefore, as per Section 38 of the
Tamil Nadu Town and Country Planning Act 1971, the
property is deemed to be released from such reservation,
allotment or designation. The same view was subsequently,
followed by P.D.DINAKARAN,J in W.P.No.12105 of 2003
(R.Jeyapal V. Sattur Municipality rep. by its Commissioner,
Sattur and Another) in the order, dated 3.3.2004.”
The same view was taken by this court in the subsequent
judgment reported in CDJ 2017 MHC 2551.
11.In the case on hand, it is specifically stated by the
petitioner that the Siruthur Detailed Development Plan Part
III was published in the year 1999. However, the acquisition
proceedings are not completed within the stipulated time of
three years. Hence, the reservation made under the detailed
development plan lapses by operation of Section 38(2) of the
Act.
12.In view of the categorical admission made by the
respondents that the land in question has not been acquired so
far, as per section 38 of the Act, keeping in mind the
provisions of the Act and the consistent view taken by this
court in the decisions referred supra, I am of the considered
opinion that the petitioner is entitled to succeed in this writ
petition.
13.In the result, the writ petition is allowed. The
respondents are directed to release the petitioner's land,
situated in survey No.24/2C, Ward No.25, Sirudhur Village,
Madurai North Taluk, Madurai in the Sirudhur detailed
development plan part (III) by passing a specific order within
a period of two weeks from the date of receipt of the order
copy and communicate the same to the petitioner. No costs.
8. From the pleadings and the materials as disclosed in
the writ petitions, this Court is of the view that the above
decision of the learned Judge of this Court can be squarely
applied to the factual matrix of the present case
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and therefore, the present writ petitions are liable to be
allowed.
9. In view of the above, these writ petitions are allowed
and it is declared that the reservation made in respect of the
petitioners' respective lands, comprised in Survey Nos.24/2B,
24/3B, 24/3C, 31/1 and 32/2, measuring an extent of 6 Acres
and 71 Cents and the land comprised in Survey No.29,
measuring an extent of 6 Acres and 81 Cents, situated at
Sirudhur Village, Madurai North Taluk, Madurai, for Sirudhur
Detailed Development Plan Part (III) is deemed to have
lapsed in the light of Section 38 of the Act. No costs.”
4. In view of the above decision, this Writ Petition is allowed and it is
declared that the S.Nos. 186/8B Adiyanoothu Village, Dindigul District,
under the Adiyanoothu Detailed Development Plan No. 3 is deemed to have
lapsed in the light of Section 38 of the Tamil Nadu Town and Country
Planning Act, 1971. No costs.
14.03.2025
NCC : Yes/No
Index : Yes / No
sm
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TO:-
1. The Director of Town and Country Planning,
Directorate of Town and Country Planning,
CMDA Office Complex, E & C Market Road,
Srinivasa Nagar, Virrugambakkam,
Koyambedu, Chennai.
2. The Assistant Director / Member Secretary,
Dindigul District Town and Country Planning Office,
No.14, Vivekananda Nagar,
Dindigul District.
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VIVEK KUMAR SINGH, J.
sm
Order made in
Dated:
14.03.2025
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