This writ petition sought a declaration that the reservation of the petitioners' land lapsed because the acquisition proposals were dropped, rendering the reservation void under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
Declaration that the reservation in respect of the petitioners' land measuring 1 Acre and 31 Cents shall stand lapsed.
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W.P.(MD)No.5894 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2020 CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.5894 of 2020
... Petitioners
Vs
1.The Director,
Town and Country Planning,
No.807, Anna Salai, Chennai.
2.The Commissioner,
Madurai Corporation, Madurai, Madurai District.
3.The Member Secretary,
Madurai Local Planning Authority,
3rd Floorm Madurai Corporation, Madurai. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration, to declare the reservation made in respect of the petitioners' land to an extent of 1 Acre and 31 Cents situated in Survey Nos.113/3B1, 113/13B2, 113/13B3, 113/13B4, 113/13B5, 113/13B6, 113/13B7 and 113/13A, Tiruppalai Village, Madurai, Madurai District, forming part of the Madurai Local Planning Area, Thiruppalai Detailed Development Plan Part-II, 2000 to have lapsed in light of Section 38 of the Tamil Nadu Town and Country Planning Act. 1971 (TNAct 35 of 1972).
For Petitioner : Mr.M.Ajmal Khan Senior Counsel for M/s. Ajmal Associatexs
For Respondents : Mr.C.Ramesh
Special Government Pleader
ORDER
This writ petition has been filed to declare the reservation made in respect of the petitioners' land measuring to an extent of 1 Acre and 31 Cents situated in Survey Nos.113/3B1, 113/13B2, 113/13B3, 113/13B4, 113/13B5, 113/13B6, 113/13B7 and 113/13A at Tiruppalai Village, Madurai, Madurai District, forming part of the Madurai Local Planning Area, Thiruppalai Detailed https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.5894 of 2020
Development Plan Part-II, 2000, to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972).
2.Heard Mr.M.Ajmal Khan, learned Senior Counsel for M/s. Ajmal Associates, appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents.
3.On the last hearing date, i.e., on 28.10.2020, the learned Special Government Pleader appearing for the respondents sought time to get instructions as to whether the land acquisition proposals with regard to the aforesaid lands have been dropped or not.
4.Today, Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents, on instructions, would submit that the land acquisition proposals pertaining to the aforementioned lands have been dropped. In such circumstances, Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, (Tamil Nadu Act 35 of 1972) gets attracted. Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, (Tamil Nadu Act 35 of 1972), reads as 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 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.'
5.In the case on hand, the publication was effected in the year 2000. Thereafter, no proceedings have been initiated by the respondents in respect of the lands in question. In such circumstances, the notification under the Madurai Local Planning Area Thiruppalai Development Plan Part-II shall be deemed to have been lapsed. Therefore, the prayer sought for in this Writ Petition will have to be necessarily granted to the petitioner.
6.Accordingly, this Court declares that the reservation made in respect of the petitioner's land measuring to an extent of 1 Acre and 31 Cents situated in Survey Nos.113/3B1, 113/13B2, 113/13B3, 113/13B4, 113/13B5, 113/13B6, 113/13B7 and 113/13A at Tiruppalai Village, Madurai, Madurai District, forming part of the https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.5894 of 2020
Madurai Local Planning Area, Thiruppalai Detailed Development Plan Part-II, 2000 shall stand lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act. 1971 (TNAct 35 of 1972).
7.With the above observations, this Writ Petition stands allowed accordingly. No costs.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
tsg
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 Assistant Director, Mines and Minerals, Madurai District.
2.The Inspector of Police, Melur Police Station, Madurai District. Crime No.1893 of 2020
3.The Tahsildar,
Melur Taluk, Madurai District.
+1 CC to SGP ( SR-19896[F] dated 13/10/2020 )
W.P.(MD)No.5894 of 2020
12.10.2020
SSS (CO)
NR (20/10/2020) 3P : 5C
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1 issue framed by the court
Whether the reservation made in respect of the petitioners' land has lapsed pursuant to Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 due to non-acquisition within the stipulated pe
2 provisions across 2 enactments
M.Ramamoorthy and Others
The Director, Town and Country Planning
The Commissioner, Madurai Corporation
The Member Secretary, Madurai Local Planning Authority
Abdul Qudhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
