Francis.a v. The Director
Case brief
What is this about?
The petitioner challenged the reservation of land under a Detailed Development Plan. The Court held that since acquisition was not initiated within three years of the 2005 plan publication, the reservation lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. The Writ of Mandamus allowing release was granted.
What did the court decide?
Declaration that the reservation of the land stands lapsed and a Writ of Mandamus directing the release of 96 cents of land in Survey No.60/2.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 W.P.(MD)NO.784 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.784 of 2021
- A.Francis
- A.Raja
... Petitioners
Vs.
- The Director, Town and Country Planning, No.807, Anna Salai,
Chennai – 600 002.
- The Member Secretary, Thanjavur Local Planning Authority, A-2, 7th Street, Arulananda Nagar, Thanjavur – 613 007. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to release the petitioner's land to an extent of 96 cents in Survey No.60/2 situated at Nanjilkottai Village, Thanjavur Taluk, Thanjavur District earmarked for the “Nanjikottai Detailed Development Plan No: 1”by treating the “Nanjikottai Detailed Development Plan No:1”of Thanjavur Local Planning area as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 within a stipulated time that may be fixed by this Court.
Issues for consideration
3 issues framed by the court
Whether the reservation of land under the Detailed Development Plan lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 due to non-acquisition within three years of publicati
Whether the High Court should direct the release of the land to the petitioner.
If the impugned order or reservation needs to be quashed on grounds of non-compliance with statutory timeline.
Parties & counsel
- petitioner
A.Francis
- petitioner
A.Raja
- respondent
The Director, Town and Country Planning
- respondent
The Member Secretary, Thanjavur Local Planning Authority
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court